People ex rel. Kinard v. New York State Division

OPINION OF THE COURT

Barbara Howe, J.

*761Petitioner commenced this proceeding for a writ of habeas corpus on May 1, 1996, seeking several forms of relief. For various reasons, this matter was adjourned from time to time by both parties until March 5, 1997 when it was submitted to this court. In the interim, the grounds for habeas corpus relief became moot. However, inasmuch as there remains one claim for relief which is not moot, I hereby convert this matter to a CPLR article 78 proceeding (cf., CPLR 103 [c]).

Petitioner was sentenced in 1977 in Supreme Court, Erie County, to a 15-years-to-life…