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PEOPLE EX REL. GOLDBERG v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY

45 A.D.3d 356 (2007)

846 N.Y.S.2d 15

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HARRY GOLDBERG, Appellant, v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY, Respondent.

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

Decided November 13, 2007.

As petitioner is no longer in the custody of respondent Warden and could not be immediately released, the remedy of habeas corpus is unavailable (see People ex rel. Brown v New York State Div. of Parole, 70 N.Y.2d 391, 398 [1987]). Nevertheless, this proceeding is not moot because, inter alia, it affects parole time credited to petitioner. Therefore, we consider the matter as a proceeding pursuant to CPLR article 78 (see CPLR...

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