Opinion
September 24, 1976
Appeal from the Cayuga Supreme Court.
Present — Marsh, P.J., Moule, Simons, Dillon and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: Habeas corpus is not the proper procedural vehicle for prisoners who claim that the board has not complied with subdivision 6 of section 214 Correct. of the Correction Law but we treat such petitions as CPLR article 78 proceedings. (Matter of Greene v Smith, 52 A.D.2d 292, app dsmd 40 N.Y.2d 826; People ex rel. Ganci v Henderson, 54 A.D.2d 609 [Sept. 24, 1976].) Relator was denied parole on October 14, 1975 for the following reasons: "1. Past failures while under parole supervision. 2. While under supervision committing new serious crime. 3. Your extensive past criminal behavior. 4. Extensive past history of drug addiction." The reasons advanced are sufficient to comply with the standard set in Matter of Watkins v Caldwell ( 54 A.D.2d 42 [Sept. 24, 1976]).