Majority
p. 1098In the Matter of Calvin Dallas, Petitioner, v Sally B. Johnson, as Superintendent of Orleans Correctional Facility, et al., Respondents. [639 NYS2d 635]
Memorandum: Because petitioner failed to serve the motion papers on respondents, the motion is denied. Moreover, petitioner has not established a ground for converting this CPLR article 78 proceeding into a habeas corpus proceeding. We note that petitioner may proceed on the original papers and eight briefs (see, 22 NYCRR 1000.5 [f]), and that no filing fee is required. Present — Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.