People ex rel. Perez v. Ricks

Appeal from a judgment of the Supreme Court (Lahtinen, J.), entered March 9, 2000 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Following an October 1998 hearing at which he was denied release on parole, petitioner commenced this habeas corpus proceeding claiming that the Board of Parole erred in denying his request because he had obtained an order of conditional parole for deportation only. Inasmuch as petitioner reappeared before the Board in October 2000 and his request for parole was…