Opinion
March 25, 1985
Appeal from the Supreme Court, Queens County (Rotker, J.).
Judgment reversed, on the law, without costs or disbursements, petition dismissed, writ denied, and petitioner is directed to surrender himself to the superintendent of Queensboro Correctional Facility.
In the instant habeas corpus proceeding, petitioner alleged that, contrary to the mandate of Executive Law § 259-i (3) (c) (i), (iii), he did not receive a preliminary parole revocation hearing and notice thereof within 15 days of the execution of the parole revocation warrant and within three days of the execution of the parole violation warrant. However, by executing a waiver of a preliminary parole revocation hearing on July 22, 1982, after being returned to New York from California on July 21, 1982, petitioner waived his right to raise these challenges ( see, People ex rel. Miller v. Walters, 60 N.Y.2d 899; People ex rel. Hatterson v. Walters, 100 A.D.2d 978). Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.