People ex rel. De Marta v. Sears

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 16, 2006 in Franklin County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, an inmate at Franklin Correctional Facility in Franklin County, commenced this CPLR article 70 proceeding for habeas corpus relief challenging the legality of his incarceration following his parole revocation. Specifically, petitioner argued that the underlying parole revocation warrant was improperly issued and he was unable to perfect an…