People ex rel. Rodriguez v. Warden

Order, Supreme Court, Bronx County (David Stadtmauer, J.), entered on or about January 2, 2008, which denied the petition for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.

As petitioner has been released on parole, the remedy of habeas corpus is unavailable. However, the matter is converted to a CPLR article 78 proceeding, since it affects the period of petitioner’s postrelease supervision (see People ex rel. Goldberg v Warden of Rikers Is. Correctional Facility, 45 AD3d 356 [2007], lv denied 10 NY3d 704 [2008]; CPLR 103 [c]).

Petitioner alleges that…