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PEOPLE EX REL. RAMIREZ v. GERBING

2014-05089, Ind. No. 467/14.

124 A.D.3d 704 (2015)

997 N.Y.S.2d 914

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SANTIAGO RAMIREZ, Appellant, v. KATHLEEN GERBING, Respondent.

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

Decided January 14, 2015.

Ordered that the judgment is affirmed, without costs or disbursements.

The gravamen of the petitioner's claim is that his reappearance for parole consideration was unreasonably delayed. However, since the remedy for such a wrong is an immediate reappearance, and not immediate release, the instant proceeding was properly dismissed (see People ex rel. Mack v Reid, 113 A.D.2d 962 [1985]; Jones v United States Bur. of Prisons...

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