Opinion
October 14, 1980
In a habeas corpus proceeding to obtain the petitioner's release from incarceration on the ground that he was entitled to be restored immediately to parole, the appeal is from a judgment of the Supreme Court, Dutchess County, dated December 3, 1979, which dismissed the writ. Judgment affirmed, without costs or disbursements (see People ex rel. Messner v. Smith, 74 A.D.2d 735, mot for lv to app den 49 N.Y.2d 707). Gibbons, J.P., Gulotta, Margett and Martuscello, JJ., concur.