PEOPLE EX REL. CORTEZ v. TRAVIS

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition for a writ of habeas corpus, brought on the ground that petitioner was not afforded a final parole revocation hearing within 90 days of his waiver of a preliminary hearing. Supreme Court, Bronx County, had properly determined in a prior habeas corpus proceeding that the revocation was timely because petitioner's attorney had sought and received an adjournment accounting for 48 of the 115 days between the date of the preliminary hearing waiver and the final revocation hearing ( see, Executive Law § 259-i [f] [i]; People ex rel. Lewis v. Meloni, 233 A.D.2d 947, lv denied 89 N.Y.2d 807). Thus, "the legality of the detention has been determined by a court of the state on a prior proceeding for a writ of habeas corpus [,] * * * and the petition presents no ground not theretofore presented and determined [,] and the court [properly determined] that the ends of justice will not be served by granting it" (CPLR 7003 [b]; see generally, People ex rel. Woodard v. Berry, 163 A.D.2d 759, 760, lv denied 76 N.Y.2d 712).