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PEOPLE EX REL. MIRANDA v. HENDERSON

54 A.D.2d 611 (1976)

The People of the State of New York ex rel. Ismael Miranda, Appellant, v. Robert J. Henderson, as Superintendent of The Auburn Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 24, 1976

Judgment unanimously affirmed.

Memorandum:

Habeas corpus is not the proper procedural vehicle for prisoners who claim that the board has not complied with subdivision 6 of section 214 of the Correction Law but we treat such petitions as CPLR article 78 proceedings. (Matter of Greene v Smith, 52 A.D.2d 292, app dsmd 40 N.Y.2d 826; People ex rel. Ganci v Henderson, ...

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