Opinion
December 27, 2000.
Appeal from Judgment of Supreme Court, Jefferson County, Gilbert, J. — Habeas Corpus.
PRESENT: PIGOTT, JR., P. J., HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the petition seeking a writ of habeas corpus because petitioner is not entitled to immediate release even if his present contentions have merit ( see, People ex rel. Brown v. New York State Div. of Parole, 70 N.Y.2d 391, 398; People ex rel. Davila v. Herbert, 258 A.D.2d 921). "Although this Court has the power to convert a petition for a writ of habeas corpus into a CPLR article 78 petition [citation omitted], [petitioner] has not requested that relief and on this record we do not consider it appropriate" ( People ex rel. Travis v. Coombe, 219 A.D.2d 881, 882; see, People ex rel. Johnson v. Kracke, 233 A.D.2d 943, 944, lv denied 89 N.Y.2d 807).