| People ex rel. D'Adamo v Artus |
| 2009 NY Slip Op 03086 [61 AD3d 1263] |
| April 23, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Paul J. D'Adamo,Appellant, v Dale Artus, as Superintendent of Clinton Correctional Facility,Respondent. |
—[*1]
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered September 18, 2008 inClinton County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this CPLR article 70 proceeding seeking a writ of habeas corpus,contending that he is being illegally held due to the Division of Parole's failure to assist withand/or approve housing necessary to facilitate his conditional release. Supreme Court refused toissue the writ and denied petitioner's application without a hearing. Petitioner now appeals.
We affirm. Entitlement to immediate release from prison, which does not occur until theexpiration of an inmate's sentence, is a prerequisite for habeas corpus relief (see People ex rel. Porter v Napoli, 56AD3d 830, 831 [2008]). Because petitioner is not entitled to any such immediate release inthis case, Supreme Court properly denied petitioner's application (see People ex rel. Land v State of NewYork, 54 AD3d 1113 [2008]; People ex rel. Sansalone v Schriver, 252 AD2d605 [1998]).
Cardona, P.J., Spain, Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgmentis affirmed, without costs.