People ex rel. Nunez v. New York State Board of Parole

Appeal from a judgment of the County Court of Clinton County (Lewis, J.), entered June 17, 1991, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner seeks habeas corpus relief on the ground that respondent failed to comply with the time and notice provisions of Executive Law § 259-i (3) (f) (i) and (iii). As petitioner has been released from custody, he is not entitled to the extraordinary relief afforded under CPLR article 70 (see, People ex rel. Julio v Walters, 58 NY2d 881; People ex rel. Kitchen v…