Opinion
May 10, 1999
Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Habeas Corpus.
PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND BALIO, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. Even if his present contentions had merit ( but see, Matter of Davila v. New York State Div. of Parole, 249 A.D.2d [decided Apr. 30, 1998]), relator would not be entitled to immediate release, and thus habeas corpus relief is not available to him ( see, People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 903; People ex rel. Dell v. Walker, 186 A.D.2d 1043, lv denied 81 N.Y.2d 702).