
    The People of the State of New York ex rel. Julio Mallo, Appellant, v Stephen Dalsheim, as Superintendent of Ossining Correctional Facility, Respondent.
   — In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered October 31, 1977, which, after a hearing, dismissed the petition. Judgment reversed, on the law, without costs or disbursements, and the declaration of delinquency of July 7, 1976 is vacated. More than 13 months elapsed between petitioner’s arrest for violation of parole and the commencement of the within habeas corpus proceeding and he had not been accorded a final parole revocation hearing. This constitutes an unreasonable delay and has resulted in a deprivation of his due process rights (see Morrissey v Brewer, 408 US 471; People ex rel. Walsh v Vincent, 40 NY2d 1049; Matter of Beattie v New York State Bd. of Parole, 39 NY2d 445). The petitioner has at all times asserted his rights and is not chargeable with the delay. His failure to allege prejudice is not relevant in light of the extraordinary length of the delay (see People ex rel. Allen v Dalsheim, 63 AD2d 973). Titone, J. P., Rabin, Gulotta and Cohalan, JJ., concur.  