# People ex rel. Savarese v. New York State Board of Parole

> New York Supreme Court · November 20, 1980 · 106 Misc. 2d 916

URL: https://www.frixlaw.com/law-library/cases/6201191

## Case

- **Full name:** The People of the State of New York ex rel. Ralph Savarese v. New York State Board of Parole
- **Court:** New York Supreme Court
- **Decided:** November 20, 1980
- **Citations:** 106 Misc. 2d 916; 433 N.Y.S.2d 408; 1980 N.Y. Misc. LEXIS 2804
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brennan
- **Judges:** Brennan
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6201191

## Opinion text

OPINION OF THE COURT
William C. Brennan, J.
This is a motion brought on by an order to show cause seeking reargument of a decision of this court dated October 3, 1980 dismissing a writ of habeas corpus, sought on the ground that the petitioner had not been afforded his preliminary hearing within 15 days as required by section 259-i (subd 3, par [c], cl [i]) of the Executive Law.
The motion to reargue is granted. This court has already determined that the Attorney-General has not given a sufficient explanation for failure of the Parole Board to comply with the statute. Upon examination of People ex rel. Levy v Dalsheim ( 48 NY2d 1019 ) and People ex rel. Johnson v New York StateBd. of Parole ( 71 AD2d 595 ) the court finds that the provisions of section 259-i of the Executive Law are to be strictly construed. Although the above two cases deal with failure to grant a final parole hearing within 90 days it appears clear that the same construction should be applied where there is a failure to comply with the statute as far as a preliminary hearing is concerned. The only appropriate remedy is vacatur of the warrant and reinstatement of parole.
*917 Accordingly, the parole warrant is vacated and the petitioner is restored to parole.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6201191. Public record. Not legal advice.