People ex rel. Hill v. Kaiden

*1740Memorandum: Petitioner appeals from a judgment dismissing his petition in this habeas corpus proceeding. We agree with petitioner that Supreme Court (Townsend, J.) erred in converting the habeas corpus proceeding into one pursuant to CPLR article 78 inasmuch as “the sole basis for petitioner’s continued incarceration is the determination of the [Board of Parole (Board)] to revoke petitioner’s parole” (Matter of Zientek v Herbert, 199 AD2d 1075, 1076 [1993]; see People ex rel. Smith v Mantello, 167 AD2d 912 [1990]). Nevertheless, we conclude on the merits that Supreme Court (Burns, J.)…