Opinion
March 9, 1987
Appeal from the Supreme Court, Westchester County (Ingrassia, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The remedy of habeas corpus is not available to this petitioner because he will not be entitled to immediate release as he is now incarcerated due to two subsequent felony convictions which also served as bases for two of the parole violation charges lodged against him (see, People ex rel. Mendolia v. Superintendent, 47 N.Y.2d 779; People ex rel. Collier v. Superintendent, 72 A.D.2d 612). Accordingly, the proceeding was properly dismissed. Thompson, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.