People ex rel. Dakin v. Headly — 107 A.D.2d 837

Majority

p. 837

The People of the State of New York ex rel. Judy Dakin, Appellant, v Frank Headly, as Superintendent, Bedford Hills Correctional Facility, Respondent.

— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County (Sullivan, J.), entered June 21,1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The record herein supports a conclusion that the respondent met his “modest” burden of establishing that the petitioner was not “ ‘subject to the convenience and the practical control of the Parole Board’ ” (People ex rel. Gonzales v Dalsheim, 52 NY2d 9 , 14, quoting People ex rel. Walsh v Vincent, 40 NY2d 1049 , 1050; Matter of Vasquez v New York State Bd. of Parole, 58 NY2d 981 ). Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.

Cases cited

People ex rel. Gonzales v. Dalsheim 52 NY2d 9 N.Y. 1980-12-22 at 14 p. 837
People ex rel. Walsh v. Vincent 40 NY2d 1049 N.Y. 1976-12-28 at 1050 p. 837
Vasquez v. New York State Board of Parole 58 NY2d 981 N.Y. 1983-02-10 p. 837