People ex rel. Buroughs v. Travis

Appeal from a judgment of the Supreme Court (McGill, J.), entered June 2, 1999 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner initially commenced a CPLR article 78 proceeding seeking recalculation of his maximum expiration date and conditional release date on his current indeterminate sentence. Supreme Court dismissed that petition finding that petitioner’s delinquency date was properly set. Thereafter, petitioner commenced this habeas corpus proceeding contending that his parole…