People Ex Rel. Duchnowski v. New York State Division of Parole

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Calabrese, J.), entered October 2, 2013, which, after a hearing, denied the petition and dismissed the proceeding. Ordered that the judgment is affirmed, without costs or disbursements. *1157 Contrary to the petitioner’s contention, the respondents demonstrated that he knowingly, intelligently, and voluntarily waived his right to a preliminary parole revocation hearing (see Executive Law § 259-i [3] [c] [i]; Matter of White v New York State Div. of Parole, 60 NY2d 920 [1983]; People ex rel. Strickland v Miranda, 264 AD2d 789, 789 [1999]; People ex rel. Aquino v New York State Bd. of Parole, 250 AD2d 789, 789 [1998]; People ex rel. Romero v Johnson, 122 AD2d 240, 241 [1986]; cf. People ex rel. Melendez v Warden of Rikers Is. Correctional Facility, 214 AD2d 301, 301-303 [1995]). Accordingly, the Supreme Court correctly denied the petition and dismissed the proceeding. Skelos, J.P., Dickerson, Austin and Maltese, JJ., concur.