| People ex rel. Rodriguez v Miller |
| 2017 NY Slip Op 04004 [150 AD3d 1500] |
| May 18, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York ex rel. Edwin Rodriguez,Appellant, v Christopher Miller, as Superintendent of Great Meadows CorrectionalFacility, Respondent. |
Edwin Rodriguez, Comstock, for appellant.
Appeal from a judgment of the Supreme Court (McKeighan, J.), entered April 15, 2016 inWashington County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 70, without a hearing.
Petitioner is currently serving two concurrent five-year prison terms based on twoconvictions of robbery in the first degree (People v Rodriguez, 144 AD3d 498 [2016], lv denied 28NY3d 1188 [2017]). Petitioner commenced this CPLR article 70 proceeding for a writ of habeascorpus claiming that he should be transferred to a Comprehensive Alcohol and Substance AbuseTreatment program and that he should not be housed in a maximum security facility (seegenerally Penal Law § 60.04 [6]; 7 NYCRR 1950.2).[FN*] Supreme Court dismissed the petition, andpetitioner now appeals.
Even if the issues raised by petitioner in his petition were substantiated and determined tohave merit, he would not be entitled to immediate release from prison and, therefore, a writ ofhabeas corpus could not be granted (see People ex rel. Kaplan v Commissioner of Correctionof City of N.Y., 60 NY2d 648, 649 [1983]; People ex rel. Vickery v Griffin, 125 AD3d 1018, 1019 [2015],lv denied 25 NY3d 908 [2015]; People ex rel. White v Smith, 120 AD3d 1469, 1470 [2014]).Accordingly, Supreme Court properly dismissed the petition (see CPLR 7003[a]).
[*2] Peters, P.J., McCarthy, Clark, Mulvey andAarons, JJ., concur. Ordered that the judgment is affirmed, without costs.
Footnote *:Respondent has submitted aletter indicating that it was not served and did not appear in Supreme Court.