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Decided on January 25, 2013
Supreme Court, Bronx County

250867-2012
Appearances of Counsel: Kerry Elgarten, Esq. Legal Aid Society For the Petitioner Anna Hehenberger Assistant Attorney General
Counsel for the Respondent
Richard Lee Price, J.
Petitioner moved by writ of habeas corpus for an order vacating her parole warrant and releasing her from the custody of Department of Corrections and Community Supervision (DOCCS). By petition submitted July 11, 2012, petitioner asserted that she is being illegally detained because Respondent DOCCS deprived her of his right to a timely preliminary hearing by adjourning the matter without a legitimate basis resulting in their re-litigating the parole revocation issues before a different hearing officer in violation of her due process rights under Executive Laws

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New York Law