People ex rel. Merritt v. New York State Division of Parole

—Judgment (denominated an order), Supreme Court, Bronx County (Denis Boyle, J.), entered on or about January 13, 1997, dismissing petitioner’s writ of habeas corpus, unanimously affirmed, without costs.

Petitioner has failed to establish that respondent did not exercise due diligence in executing the parole warrant against petitioner. Petitioner has not demonstrated that respondent manifested a gross disinterest in retaking him (see, People ex rel. Stracci v Warden, 72 AD2d 393). It was the primary responsibility of petitioner to contact respondent with information of his whereabouts, rather…