People ex rel. McDaniel v. Berbary

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Drury, A.J.), granted November 15, 2005. The judgment dismissed the petition for a writ of habeas corpus.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner was released on parole in September 2003 and arrested in California on a parole violation warrant on March 19, 2004. On March 23, 2004, the San Mateo County Sheriffs Office faxed a form to the New York State Division of Parole (Division) indicating that petitioner…