Appellate Division of the Supreme Court of New York, 2008

People ex rel. Dudley v. Unger

People ex rel. Dudley v. Unger
Appellate Division of the Supreme Court of New York · Decided December 31, 2008
57 A.D.3d 1508; 869 N.Y.2d 807
People ex rel. Dudley v. Unger

Opinion of the Court

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that he is entitled to mandatory release to parole supervision pursuant to Executive Law § 259-h. We reject petitioner’s contention that Supreme Court erred in dismissing the petition. That statute provides only that petitioner would “become eligible for release on parole after service of a minimum period of imprisonment of twenty years” (Executive Law § 259-h [1] [emphasis added]). Thus, habeas corpus relief does not lie because petitioner is not entitled to immediate release to parole supervision pursuant to Executive Law § 259-h (see People ex rel. Gloss v Costello, 309 AD2d 1160 [2003], lv denied 1 NY3d 504 [2003]; People ex rel. Beam v Hodges, 286 AD2d 936, 937 [2001]). Present—Martoche, J.P., Smith, Centra, Green and Pine, JJ.

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