People ex rel. Henderson v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered October 29, 2007 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the habeas corpus proceeding is converted to a CPLR article 78 proceeding in the nature of prohibition, the petition is granted and judgment is granted in favor of petitioner as follows: “It is ADJUDGED that respondent is prohibited from imposing upon petitioner a period of postrelease supervision.”

Memorandum: Petitioner…