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

268 A.D.2d 250, 700 N.Y.S.2d 699, 2000 N.Y. App. Div. LEXIS 313

Opinion

—Judgment, Supreme Court, Bronx County (John Byrne, J.), entered on or about February 23, 1998, dismissing the petition for a writ of habeas corpus, unanimously affirmed, without costs.

The court properly dismissed petitioner’s application for a writ of habeas corpus seeking restoration to parole status since the second parole violation warrant issued by respondent “did not amount to a mere rehash of the first proceeding, as it was based on a new circumstance, i.e., his conviction” (People ex rel. Williams v Rodriguez, 108 AD2d 1007, 1008, lv denied 65 NY2d 603). We have considered and rejected petitioner’s remaining arguments. Concur—Williams, J. P., Wallach, Andrias and Friedman, JJ.