PEOPLE EX REL. MOCCIO v. HENDERSON


55 A.D.2d 1039 (1977)

The People of the State of New York ex rel. Carmine Moccio, Appellant, v. Robert J. Henderson, as Superintendent of The Auburn Correctional Facility, et al., Respondents

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

January 21, 1977


Judgment unanimously modified in accordance with memorandum and, as modified, affirmed.

Memorandum:

By this habeas corpus proceeding relator challenges a decision of the respondent which determined his release eligibility date to be August 30, 1979. Special Term denied the writ. An article 78 proceeding is the proper means for testing the calculation of relator's period of imprisonment, and we consider this as such a proceeding (see People ex rel. Ward...

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