Emmick v. Enders

Dillon, P. J., and Hancock, Jr., J.

(dissenting). We agree with petitioner that his preliminary parole revocation hearing was not timely held and that, therefore, Special Term erred in dismissing this proceeding seeking dismissal of the parole violation warrant. On January 12, 1984, after execution of the warrant and prior to the hearing, petitioner requested an adjournment due to his hospitalization for mental illness. By letter dated January 25, 1984 petitioner requested that the hearing *1068again be scheduled. It was scheduled for February 6, 1984, 12 days after petitioner’s request; on that…