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MATTER OF McGIVERN v. DONNELLY

285 A.D.2d 981 (2001)

727 N.Y.S.2d 683

In the Matter of GERALD McGIVERN, Appellant, v. EDWARD DONNELLY, as Superintendent of Wende Correctional Facility, Respondent.

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

Decided July 3, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court did not err in converting this habeas corpus proceeding into a CPLR article 78 proceeding because petitioner is not entitled to immediate release from custody (see, People ex rel. Jones v Russi, 199 A.D.2d 1043, lv denied 83 N.Y.2d 753), and the court then properly dismissed the petition based on the failure of petitioner to exhaust his...

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