People ex rel. Lewis v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

People ex rel. Lewis v. New York State Division of Parole

60 A.D.3d 539, 874 N.Y.S.2d 806

Appellate Division of the Supreme Court of the State of New York·Decided March 24, 2009·Published·Cited by 1 cases

Opinion

— Order, Supreme Court, Bronx County (Ralph Fabrizio, J.), entered June 4, 2007, which denied petitioner’s application for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.

Although the remedy of habeas corpus is unavailable because petitioner is no longer in custody, this proceeding is not moot because, among other things, it affects parole time credited to petitioner. Therefore, we consider the matter as a CPLR article 78 proceeding (see CPLR 103 [c]). Nevertheless, petitioner’s arguments are without merit. Regardless of any alleged indications to the contrary, petitioner’s 1994 sentence ran consecutively to his previous sentences (see People ex rel. Gill v Greene, 12 NY3d 1 [2009]). Concur — Tom, J.P., Mazzarelli, Nardelli, Catterson and Moskowitz, JJ.

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— Order, Supreme Court, Bronx County (Ralph Fabrizio, J.), entered June 4, 2007, which denied petitioner’s application for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.

Although the remedy of habeas corpus is unavailable because petitioner is no longer in custody, this proceeding is not moot because, among other things, it affects parole time credited to petitioner. Therefore, we consider the matter as a CPLR article 78 proceeding (see CPLR 103 [c]). Nevertheless, petitioner’s arguments are without merit. Regardless of any alleged indications to the contrary, petitioner’s 1994 sentence ran consecutively to his previous sentences (see People ex rel. Gill v Greene, 12 NY3d 1 [2009]). Concur — Tom, J.P., Mazzarelli, Nardelli, Catterson and Moskowitz, JJ.

People ex rel. Lewis v. New York State Division of Parole, 60 A.D.3d 539, 874 N.Y.S.2d 806 (N.Y. Ct. App. 2009).

Pincite

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Opinion

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