Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum:
Supreme Court erred in converting petitioner's petition for a writ of habeas corpus to a CPLR article 78 proceeding, and we modify the judgment to delete that directive. Where the sole basis for petitioner's continued incarceration is the Board of Parole's determination to revoke his parole, habeas corpus is an appropriate procedure to challenge the validity...
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