People ex rel. Malik v. Senkowski

Appeal from a judgment of the Supreme Court (McGill, J.), entered June 2, 1999 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In January 1999, petitioner filed this application for a writ of habeas corpus challenging the propriety of his parole revocation. Supreme Court dismissed the petition and we affirm. The record reveals that petitioner failed to comply with the procedural requirements of CPLR 7002 (c) (6) inasmuch as he informed the court that he had not filed any previous application for relief when, in fact,…