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PEOPLE EX REL. LITTLE v. McCOY

281 A.D.2d 929 (2001)

722 N.Y.S.2d 452

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DALE K. LITTLE, Appellant, v. JOSEPH McCOY, as Superintendent of Cayuga Correctional Facility, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition seeking a writ of habeas corpus. "Because relator is not entitled to immediate release, habeas corpus relief does not lie" (People ex rel. Travis v Coombe, 219 A.D.2d 881, 882). "Although this Court has the power to convert a petition for a writ of habeas corpus into a CPLR article 78 petition [citation omitted]...

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