People ex rel. Baptiste v. Smith

Judgment unanimously modified by converting proceeding to one under CPLR article 78 and as modified, affirmed. Memorandum: Relator appeals from a judgment which dismissed his petition for habeas corpus seeking to review the determination at a superintendent’s hearing. Inasmuch as the relief sought in the petition could not have resulted in relator’s release, habeas corpus is not the proper remedy and the proceeding should be converted to one under CPLR article 78 (CPLR 103 [c]).

The hearing officer denied relator the right to be present during the interview of his requested inmate witnesses…