People ex rel. Elmore v. Dalsheim

I concur with the result reached by the majority on constraint of the holding of this court in People ex rel. Levy v Dalsheim (66 AD2d 827). In Levy, this court held that section 259-i (subd 3, par [fj, cl [i]) of the Executive Law, which provides that parole revocation hearings "shall be scheduled to be held within ninety days of the probable cause determination”, stands for the proposition that a delay beyond 90 days is unreasonable per se (unless certain exceptions are applicable) and requires vacatur of the parole violation warrant and a reinstatement of petitioner to parole. However, it…