Opinion
February 10, 1999
Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Habeas Corpus.)
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. Even if his present contentions had merit ( but see, Matter of Davila v. New York State Div. of Parole, 249 A.D.2d 862 ), relator would not be entitled to immediate release, and thus habeas corpus relief is not available to him ( see, People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 903; People ex rel. Dell v. Walker, 186 A.D.2d 1043, lv denied 81 N.Y.2d 702).