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PEOPLE EX REL. RODRIGUEZ v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY

61 A.D.3d 494 (2009)

878 N.Y.S.2d 5

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSE RODRIGUEZ, Appellant, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 14, 2009.

As petitioner has been released on parole, the remedy of habeas corpus is unavailable. However, the matter is converted to a CPLR article 78 proceeding, since it affects the period of petitioner's postrelease supervision (see People ex rel. Goldberg v Warden of Rikers Is. Correctional Facility, 45 A.D.3d 356 [2007], lv denied 10 N.Y.3d 704 [2008]; CPLR 103 [c]).

Petitioner alleges that he was denied due process because...

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