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PEOPLE EX REL. RICCO v. McCLELLAN

206 A.D.2d 580 (1994)

615 N.Y.S.2d 1018

The People of the State of New York ex rel. Anthony Ricco, Appellant, v. Robert J. McClellan, as Superintendent of Southport Correctional Facility, Respondent

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

July 7, 1994

We find no error in Supreme Court's dismissal of petitioner's application for a writ of habeas corpus. It is well settled that a habeas corpus proceeding is unwarranted where full relief may be obtained in other more appropriate proceedings. In the absence of proof warranting a departure from traditional orderly procedure, Supreme Court's decision must be affirmed.

Ordered that the judgment is affirmed,...

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