Majority
p. 891The People of the State of New York ex rel. William Bagley, Appellant, v Horace Albaugh, as Superintendent of Cape Vincent Correctional Facility, et al., Respondents. [718 NYS2d 914]
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus because petitioner is not entitled to immediate release even if his present contentions
p. 892
have merit (see, People ex rel. Brown v New York State Div. of Parole, 70 NY2d 391 , 398; People ex rel. Davila v Herbert, 258 AD2d 921 ). “Although this Court has the power to convert a petition for a writ of habeas corpus into a CPLR article 78 petition [citation omitted], [petitioner] has not requested that relief and on this record we do not consider it appropriate” (People ex rel. Travis v Coombe, 219 AD2d 881 , 882; see, People ex rel. Johnson v Kracke, 233 AD2d 943 , 944, lv denied 89 NY2d 807 ). (Appeal from Judgment of Supreme Court, Jefferson County, Gilbert, J. — Habeas Corpus.) Present — Pigott, Jr., P. J., Hurlbutt, Kehoe and Lawton, JJ.
Cases cited
- People ex rel. Brown v. New York State Division of Parole 70 NY2d 391 at 398 p. 892
- People ex rel. Johnson v. Kracke 233 AD2d 943 at 944 p. 892