PRESENT: HONORABLE MARK H. DADD

Acting Supreme Court Justice

STATE OF NEW YORK

SUPREME COURT : COUNTY OF WYOMING

_____________________________________________

The People of the State of New York

ex rel SERGIO JAVIERO, #87-A-3603,

Relator

O R D E R

v.

Index No. 19,071

PAUL LEVINE, Superintendent

Wyoming Correctional Facility, Respondent

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Upon reading and filing relator's petition for a writ of habeas corpus, dated July 5, 2000, together with the annexed supporting papers, and it appearing that this matter is inappropriate for habeas corpus relief because the relator seeks review of a decision which denied his application for parole release pursuant to a hearing held on June 6, 2000 and that the allegations of the petition, if established, would only entitle him to further proceedings before the Board of Parole and not to his immediate release from prison (see People ex rel Douglas v. Vincent, 50 N.Y.2d 901, 903 [1980]; Matter of Midgley v. Smith, 63 A.D.2d 223, 227-228 [1978]; People ex rel Travis v. Coombe, 219 A.D.2d 881 [1995]; Matter of Abbott v. Kelly, 145 A.D.2d 921 [1988]; Matter of King v. New York State Division of Parole, 190 A.D.2d 423, 434-435 [1993], affirmed 83 N.Y.2d 788; see also Matter of Ortiz v. New York State Board of Parole, 239 A.D.2d 52, 53-55 [1998], motion for leave to appeal denied 92 N.Y.2d 811), it is hereby

ORDERED that the petition is denied in all respects without a hearing but without prejudice to the relator's right to initiate a proceeding for review of the parole release hearing under Article 78 of the CPLR.

DATED: July 31, 2000

Warsaw, New York


Acting Supreme Court Justice

TO: Relator

Assistant Attorney General

Wyoming County-Attica Legal Aid Bureau, Inc.

Inmate Records Coordinator, Wyoming Correctional Facility