| People ex rel. Dudley v Unger |
| 2008 NY Slip Op 10415 [57 AD3d 1508] |
| December 31, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the state of New York ex rel. Frank Dudley, Appellant, v David Unger, Superintendent, Orleans Correctional Facility, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for
respondent-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered May 21, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that he is entitled to mandatory release to parole supervision pursuant to Executive Law § 259-h. We reject petitioner's contention that Supreme Court erred in dismissing the petition. That statute provides only that petitioner would "become eligible for release on parole after service of a minimum period of imprisonment of twenty years" (Executive Law § 259-h [1] [emphasis added]). Thus, habeas corpus relief does not lie because petitioner is not entitled to immediate release to parole supervision pursuant to Executive Law § 259-h (see People ex rel. Gloss v Costello, 309 AD2d 1160 [2003], lv denied 1 NY3d 504 [2003]; People ex rel. Beam v Hodges, 286 AD2d 936, 937 [2001]). Present—Martoche, J.P., Smith, Centra, Green and Pine, JJ.