Opinion
KAH 04-02227.
June 10, 2005.
Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered July 16, 2004 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MARTIN A. HOTVET OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Before: Pigott, Jr., P.J., Green, Gorski, Martoche and Smith, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. Contrary to the contention of petitioner, the determination that he violated the terms of his parole is supported by substantial evidence ( see People ex rel. Sanchez v. Herbert, 2 AD3d 1352). We further reject the contention of petitioner that the parole warrant was improperly issued by his parole officer ( see 9 NYCRR 8004.2 [a]).