People ex rel. Vasquez v. McCoy — 280 A.D.2d 929

Majority

p. 929

The People of the State of New York ex rel. George Vasquez, Appellant, v Joseph McCoy, as Superintendent of Cayuga Correctional Facility, Respondent.

[720 NYS2d 862]

—Judgment unanimously affirmed without costs. Memorandum: Contrary to petitioner’s contention, the retroactive application of the 1997 amendments to 9 NYCRR 8005.20 (c) does not violate the constitutional prohibition against ex post facto laws (see, People ex rel. Santoro v Hollins, 273 AD2d 829 ; People ex rel. Johnson v Russi, 258 AD2d 346 , 347, appeal dismissed and lv denied 93 NY2d 945 ). Petitioner failed to preserve for our review his contention that Supreme Court erred in failing to require respondent to file a return pursuant to CPLR 7008. In any event, petitioner’s contention is without merit. CPLR 7008 does not mandate that respondent file a return or prohibit the court from reaching the merits of the petition in the absence of a return. (Appeal from Judgment of Supreme Court, Cayuga County, Corning, J. — Habeas Corpus.) Present— Pigott, Jr., P. J., Wisner, Hurlbutt, Burns and Lawton, JJ.