Opinion
February 3, 1989
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Doerr, Green, Pine and Davis, JJ.
Appeal unanimously dismissed as moot, in accordance with the following memorandum: Subsequent to the entry of the judgment herein, petitioner's maximum term of imprisonment expired and petitioner was discharged from the jurisdiction of the Board of Parole. Accordingly, the appeal has been rendered academic and must be dismissed as moot (see, Matter of Stephens v New York State Div. of Parole, 135 A.D.2d 637, 638). Were we to reach the merits, we would affirm because the court properly converted the habeas corpus to a CPLR article 78 proceeding (see, CPLR 103 [c]; People ex rel. Dawson v Smith, 69 N.Y.2d 689; People ex rel. South v Hammock, 80 A.D.2d 947, appeal dismissed 53 N.Y.2d 938) and dismissed the proceeding as time barred (see, CPLR 217; People ex rel. Jelich v Smith, 105 A.D.2d 1125, lv denied 64 N.Y.2d 606).