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People ex rel Matos v. Warden

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 20, 2009

THE PEOPLE OF THE STATE OF NEW YORK, EX REL. DANIEL MATOS, PETITIONER-APPELLANT,
v.
WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS.

Judgment (denominated order), Supreme Court, Bronx County (Ethan Greenberg, J.), entered July 17, 2007, denying the petition for a writ of habeas corpus and dismissing the proceeding, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Friedman, Buckley, Acosta, Freedman, JJ.

51497/07

As this Court has repeatedly held, failure to comply with the three-day limit for giving notice of parole violations does not affect the right to be restored to parole absent a showing of prejudice (People ex rel. Wise v New York State Div. of Parole, 50 AD3d 303 [2008]; People ex rel. Thompson v Warden of Rikers Is. Correctional Facility, 41 AD3d 292 [2007]; People ex rel. Washington v New York State Div. of Parole, 279 AD2d 379 [2001]), which was not even claimed. In view of the foregoing, it is unnecessary to consider the other grounds urged for affirmance.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090120

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