Ellington v. Senkowski

—Cardona, P.J.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 4, 2002 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner challenges his continued incarceration in the custody of the Department of Correctional Services based upon its failure to release him to parole supervision on his conditional release date of September 26, 2001. In the judgment on appeal, Supreme Court denied petitioner’s application, ruling that he had failed to comply with certain…