Justice Neary
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PETITIONER inmate sought a writ of habeas corpus alleging he was entitled to immediate release from custody as respondents, including Division of Parole, failed to complete his final parole revocation hearing in a timely manner. Respondents argued the hearing was completed in a timely manner, in compliance with 9 NYCRR §8005.17(a), providing for a final revocation hearing within 90 days. Respondents maintained that any adjournments were taken by the administrative law judge because of time constraints. The court agreed, finding that any adjournments of the matter after Aug. 5, 2008, could not be charged to respondents as they were taken by the presiding hearing officer on his own motion and were reasonable under the circumstances. The court noted the parole hearing was completed on Sept. 12, and the original deadline was Aug. 20. However, as respondents satisfied their burden of going forward with their case in chief by the conclusion of the day’s testimony on Aug. 5, they had no control over the length of opposing counsel’s cross-examination of the last witness. Thus, in denying the petition, the court found the period of delay did not exceed 90 days.