People ex rel. Malik v. Reynolds

96 A.D.2d 708, 465 N.Y.S.2d 94, 1983 N.Y. App. Div. LEXIS 19264

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 11, 1983
• Status: Published

Opinion

— Judgment unanimously affirmed. Memorandum: Since the relief sought in the petition could not have resulted in petitioner’s release from prison, habeas corpus is not the proper remedy. We convert the proceeding to one under CPLR article 78 (see CPLR 103, subd [c]), and dismiss the petition as lacking in merit. (Appeal from judgment of Supreme Court, Cayuga County, Contiguglia, J. — habeas corpus.) Present — Dillon, P. J., Doerr, Denman, Boomer and Schnepp, JJ.