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PEOPLE EX REL. McBRIDE v. ALEXANDER

46 A.D.3d 849 (2007)

848 N.Y.S.2d 284

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MAUREEN McBRIDE, on Behalf of JORGE SOTO, Petitioner, v. GEORGE B. ALEXANDER, as Chairman of the New York State Division of Parole, Respondent.

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

Decided December 18, 2007.

Ordered that, pursuant to CPLR 103 (c), the matter is converted into a proceeding pursuant to CPLR article 78 in the nature of prohibition seeking to prohibit the respondent from enforcing the sentence of postrelease supervision; and it is further,

Ordered that the order to show cause for a writ of habeas corpus and the petition for a writ of habeas corpus are deemed to be an order to show cause and a petition in a proceeding pursuant to CPLR article 78 in the nature...

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