In People ex rel. Grosso v. Addition, 185 Misc 670, 59 N.Y.S.2d 357 (Supreme Court, Special Term, Westchester County, 1945), the Court held that, "where a parole board declares one delinquent it is the duty of that board to use due diligence in issuing and executing its warrant of arrest." The Court found that since the warrant for the violation of parole was executed sixteen months after the declaration of the violation and twenty-one days after the expiration of petitioner's maximum sentence and since the parolee was not evading service during this time, the parole board should be deemed to have waived the violation and to have lost jurisdiction.