People ex rel. Branch v. Barnes

Appeal from a judgment of the Supreme Court (Lynch, J.), entered January 11, 1993 in Schenectady County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

Although a habeas corpus proceeding is generally the appropriate means to challenge a revocation of parole, such a remedy is not available where, as here, petitioner is not entitled to immediate release from custody (see, e.g., People ex rel. Dell v Walker, 186 AD2d 1043, lv denied 81 NY2d 702). Petitioner’s appropriate procedural remedy, as recognized by the parties, is a CPLR article 78…