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PEOPLE EX REL. BRANCH v. BARNES

199 A.D.2d 726 (1993)

605 N.Y.S.2d 479

The People of the State of New York ex rel. Vraden Branch, Appellant, v. William Barnes et al., Respondents

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

December 16, 1993

Crew III, J.

Although a habeas corpus proceeding is generally the appropriate means to challenge a revocation of parole, such a remedy is not available where, as here, petitioner is not entitled to immediate release from custody (see, e.g., People ex rel. Dell v Walker, 186 A.D.2d 1043, lv denied 81 N.Y.2d 702). Petitioner's appropriate procedural remedy, as recognized by the parties, is a CPLR...

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