People ex rel. Bernard v. Cunningham

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered June 30, 2009 in Sullivan County, which, in a proceeding pursuant to CPLR article 70, granted respondents’ motion to dismiss the petition.

Petitioner brought the instant application pursuant to CPLR article 70 for a writ of habeas corpus challenging the denial of his request for parole release. Supreme Court signed the writ and directed the manner in which the papers were to be served upon respondents as well as the Attorney General. Respondent successfully moved to dismiss the petition due to, among other things, petitioner’s…