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People ex rel. Bush v. Riley

Supreme Court of New York, Third Department

June 20, 2013

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM J. BUSH, Appellant,
v.
ALLEN RILEY, as Madison County Sheriff, Respondent.

Calendar Date: May 6, 2013

William J. Bush, Canastota, appellant pro se.

Jeffrey A. Aumell, County Attorney, Wampsville, for respondent.

Before: Lahtinen, J.P., Spain, McCarthy and Egan Jr., JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Madison County (DiStefano, J.), entered May 2, 2012, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was arrested pursuant to a parole violation warrant. The final parole revocation hearing was adjourned at the request of petitioner and his counsel, as they had not received the requisite 14-day notice (see Executive Law § 259-i [3] [f] [iii]). While awaiting decision following the final parole revocation hearing, petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus on the basis that the parole revocation proceeding was improper. County Court denied petitioner's application and petitioner now appeals.

Petitioner's arguments — concerning late notice of the final parole revocation hearing and validity of the parole violation warrant — are properly raised on direct appeal from the parole revocation decision and, accordingly, habeas corpus relief is unavailable (see People ex rel. Wallace v Lavalley, 102 A.D.3d 1038, 1039 [2013]; People ex rel. Backman v Walsh, 101 A.D.3d 1316, 1316 [2012], lv denied 20 N.Y.3d 863 [2013]; People ex rel. Lopez v People, 79 A.D.3d 1555, 1556 [2010]). Furthermore, the record reveals no extraordinary circumstances warranting a departure from traditional orderly procedure (see People ex rel. Wallace v Lavalley, 102 A.D.3d at 1039; People ex rel. Backman v Walsh, 101 A.D.3d at 1316). Given the foregoing, we also reject petitioner's argument that County Court improperly failed to assign counsel to represent him (see People ex rel. Williams v La Vallee, 19 N.Y.2d 238, 240-241 [1967]; see also People ex rel. Ferguson v Campbell, 186 A.D.2d 319, 319 [1992]).

Lahtinen, J.P., Spain, McCarthy and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed, without costs.


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