Majority
p. 666The People of the State of New York ex rel. Robert Anderson, Appellant, v David R. Harris, as Superintendent of the Green Haven Correctional Facility, Respondent. In
In a habeas corpus proceeding to obtain the petitioner’s release from incarceration on the ground that he was entitled to be restored immediately to parole, the appeal is from a judgment of the Supreme Court, Dutchess County, dated December 3, 1979, which dismissed the writ. Judgment affirmed, without costs or disbursements (see
p. 667
People ex rel. Messner v Smith, 74 AD2d 735 , mot for lv to app den 49 NY2d 707 ). Gibbons, J. P., Gulotta, Margett and Martuscello, JJ., concur.