People ex rel. Moccio v. Henderson

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: By this habeas corpus proceeding relator challenges a decision of the respondent which determined his release eligibility date to be August 30, 1979. Special Term denied the writ. An article 78 proceeding is the proper means for testing the calculation of relator’s period of imprisonment, and we consider this as such a proceeding (see People ex rel. Ward v Smith, 52 AD2d 755; People ex rel. Cook v Smith, 52 AD2d 1085; Matter of Speed v Regan, 50 AD2d 1100). Relator is correct in his contention…