People ex rel. Maddox v. Henderson — 55 A.D.2d 1004

Majority

p. 1004

The People of the State of New York ex rel. Fred Maddox, Appellant, v Robert J. Henderson, as Superintendent of the Auburn Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum: Habeas corpus is not the proper procedural vehicle for prisoners who claim that the board has not complied with subdivision 6 of section 214 of the Correction Law, but we treat such petitions as article 78 proceedings. (Matter of Greene v Smith, 52 AD2d 292 ; People ex rel. Ganci v Henderson, 51 AD2d 888 , mot for lv to app den 38 NY2d 711 ). Relator was denied parole in June, 1975 based upon the seriousness of the offense, the fact that it constituted a violation of a previous parole release and other information in his case history. The reasons advanced are sufficient to comply with the standards noted in Matter of Watkins v Caldwell ( 54 AD2d 42 ). (Appeal from judgment of Cayuga Supreme Court—habeas corpus.) Present—Marsh, P. J., Moule, Dillon, Goldman and Witmer, JJ.

Cases cited

Greene v. Smith 52 AD2d 292 N.Y. App. Div. 1976-05-28 p. 1004
Watkins v. Caldwell 54 AD2d 42 N.Y. App. Div. 1976-09-24 p. 1004