New York Executive Law 259-O

In People ex rel McDaniel v. Berbary (35 AD3d 1172, 828 N.Y.S.2d 741, 4th Dept 2006), the Appellate Division held the contention that the hearing was not held timely in the receiving state of California, "had been rendered moot by the determination revoking Petitioner's parole following the final parole revocation hearing. at 1173. In People ex rel McIver v. Murray (275 AD2d 1009, 713 N.Y.S.2d 587, 4th Dept 2000), it was held that New York Executive Law on the Compact does not specify a time limitation for out-of-state parole revocation hearings, Executive Law 259-o, which sets forth the procedures to be used when an out-of-state parolee is violated on his release in the receiving state, does not specify any time period for giving notice of, or for holding, a preliminary parole violation hearing in the receiving state. McIver at 1010.