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 ISHMAEL A. SALADEEN, #83-C-0722,

Relator

O R D E R

v.

Index No. 19,063

VICTOR HERBERT, Superintendent

Attica Correctional Facility, Respondent

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Upon reading the petition for a writ of habeas corpus, dated June 1, 2000, and it appearing that the petition is defective on its face for failing to comply with CPLR 7002(c)(1) (see Matter of Tullis v. Kelly, 154 A.D.2d 926 [1989]), and it appearing that habeas corpus relief is unavailable because the petition merely alleges that the relator has been improperly denied parole release which, if established, would only entitle him to further proceedings before the Board of Parole and not to his immediate release from prison as a matter of law (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]; Matter of King v. New York State Division of Parole, 190 A.D.2d 423, 434-435 [1993], affirmed 83 N.Y.2d 788; People ex rel Travis v. Coombe, 219 A.D.2d 881 [1995]; Matter of Abbott v. Kelly, 145 A.D.2d 921 [1988]), and it further appearing that it would be inappropriate to convert this action to a proceeding under Article 78 of the CPLR because the respondent has not been served (see CPLR 103[c]), 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, Attica Correctional Facility