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PEOPLE EX REL. WALKER v. DOLCE

56 KAH 13-01517.

125 A.D.3d 1305 (2015)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SHERMAN WALKER, Appellant, v. Ms. DOLCE, Superintendent, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided February 6, 2015.

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

Memorandum: We reject the contention of petitioner that Supreme Court erred in dismissing his petition for a writ of habeas corpus. The remedy of habeas corpus is unavailable because petitioner would not be eligible for immediate release from custody in the event that he succeeded on the merits of the proceeding (see People ex rel. Porter v Napoli,

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