Smith v. Vann

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered August 16, 2007 in Clinton County, which converted petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, into a proceeding pursuant to CPLR article 78 and dismissed the petition.

After completing a six-month shock incarceration program, petitioner was released to parole supervision. He was subsequently declared delinquent twice and his parole was revoked following a hearing. The Administrative Law Judge imposed a delinquent time assessment of 24 months pursuant to 9 NYCRR 8010.3…