People ex rel. Lesnowski v. Von Holden

OPINION of the court

John P. Balio, J.

This proceeding was instituted by a writ of habeas corpus. Since no evidence was submitted on the legality of the petitioner’s present detention, the court has treated this petition as a CPLR article 78 proceeding in the nature of certiorari to review a determination of the Board of Parole. (People ex rel. Davis v Arnette, 57 AD2d 562.)

The essential facts are not in dispute. The petitioner was convicted in New York of burglary and sentenced to imprisonment. While on conditional release, he absconded and was determined to be delinquent on November 20, 1979.…