Smalley v. Hogue

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered April 6, 1999 in Sullivan County, which converted petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, into a proceeding pursuant to CPLR article 78 and dismissed the petition.

Petitioner commenced this proceeding for a writ of habeas corpus seeking an order transferring him from the County jail where he was incarcerated to a State correctional facility so that he could participate in the necessary programs to be considered for parole release. Supreme Court converted the proceeding…