Opinion
KAH 02-00079
June 13, 2003.
Appeal from a judgment of Supreme Court, Jefferson County (Gilbert, J.), entered September 7, 2001, which, inter alia, dismissed the petition seeking a writ of habeas corpus.
STEPHEN LANCE CIMINO, SYRACUSE, FOR PETITIONER-APPELLANT.
RAYMOND HARRIS, ALSO KNOWN AS CHAUNCEY HARRIS, PETITIONER-APPELLANT PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
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. Because "`parole decisions are discretionary and prisoners have no right to be released prior to the expiration of their sentences,'" petitioner is not entitled to habeas corpus relief ( People ex rel. Daniels v. Beaver, 303 A.D.2d 1025 [Mar. 21, 2003], quoting People ex rel. Sansalone v. Schriver, 252 A.D.2d 605, 605). Although this Court has the power to convert a petition for a writ of habeas corpus into a CPLR article 78 petition, we decline to do so based on the failure of petitioner to exhaust his administrative remedies ( see People ex rel. Christy v. Goord, 291 A.D.2d 835, lv denied 98 N.Y.2d 601). We have considered the remaining contentions raised by petitioner in his pro se supplemental brief and conclude that they lack merit.