PEOPLE EX REL. McNAIR v. ALLARD


305 A.D.2d 1099 (2003)

759 N.Y.S.2d 721

THE PEOPLE OF THE STATE OF NEW YORK ex rel. LARRY McNAIR, Appellant, v. MICHAEL ALLARD, as Acting Superintendent of Gowanda Correctional Facility, et al., Respondents.

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

Decided May 2, 2003.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner filed a petition seeking a writ of habeas corpus, alleging, inter alia, that the New York State Department of Correctional Services erred in computing his release date. Supreme Court properly converted the proceeding to one pursuant to CPLR article 78 and properly dismissed the petition as lacking in merit. Petitioner...

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