Opinion
October 26, 1987
Appeal from the Supreme Court, Dutchess County (Patsalos, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Habeas corpus relief is not appropriate in this instance inasmuch as the petitioner would not be entitled to immediate release from custody even if his contentions had merit (see, People ex rel. Dawson v. Smith, 69 N.Y.2d 689, 691; People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 903; People ex rel. Nalo v Sullivan, 120 A.D.2d 759, 760, lv denied 68 N.Y.2d 610). Even if we were to convert this into a proceeding pursuant to CPLR article 78, the petitioner would not be entitled to any relief since the record belies his contention that his Tier III hearing was untimely ( 7 NYCRR 251-5.1 [a]). Mangano, J.P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.