Appellate Division of the Supreme Court of New York, 1972

People ex rel. Tyler v. Conboy

People ex rel. Tyler v. Conboy
Appellate Division of the Supreme Court of New York · Decided May 23, 1972
39 A.D.2d 806; 332 N.Y.S.2d 669; 1972 N.Y. App. Div. LEXIS 4535
People ex rel. Tyler v. Conboy

Opinion of the Court

Application for a writ of habeas corpus denied, without costs. It appears that petitioner would not be entitled to immediate discharge from custody even if his good behavior allowance were restored. In the interests of justice, petition transferred to Supreme Court, Special Term, County of Washington, for determination of its legal sufficiency as a petition pursuant to CPLR article 78. (See Sostre v. McGinnis, 442 F. 2d 178, cert. den. sub nom. Oswald v. Sostre, 405 U. S. 978.) Herlihy, F. J., Greenblott, Sweeney, Simons and Kane, JJ., concur.

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