Opinion
No. KAH 07-01306.
December 31, 2008.
Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered May 21, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.
STEVEN D. SESSLER, GENESEO, FOR PETITIONER-Appellant.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARLENE O. TUCZINSKI OF COUNSEL), FOR RESPONDENT-Respondent.
Before: Martoche, J.P., Smith, Centra, Green and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that he is entitled to mandatory release to parole supervision pursuant to Executive Law § 259-h. We reject petitioner's contention that Supreme Court erred in dismissing the petition. That statute provides only that petitioner would "become eligible for release on parole after service of a minimum period of imprisonment of twenty years" (Executive Law § 259-h [emphasis added]). Thus, habeas corpus relief does not lie because petitioner is not entitled to immediate release to parole supervision pursuant to Executive Law § 259-h [ see People ex rel. Gloss v Costello, 309 AD2d 1160, lv denied 1 NY3d 504; People ex rel. Beam v Hodges, 286 AD2d 936, 937).