People ex rel. Small v. Warden, Rikers Island Correctional Facility

OPINION OF THE COURT

Dominic R. Massaro, J.

This is a special proceeding, whereby petitioner Denmark Small (hereinafter petitioner) seeks a habeas corpus writ ordering his release from respondents’ custody upon grounds that his final parole revocation hearing was not conducted in a timely fashion as required by Executive Law § 259-i (3) (f).

In this regard, petitioner says his constitutional (US Const Amend VI) and statutory (Executive Law § 259-i [3] [f] [iii]) rights to be served written notice of a final hearing, which must contain all charges that the New York State Division of Parole…