Opinion
January 14, 1977
Appeal from the Cayuga Supreme Court.
Present — Marsh, P.J., Moule, Dillon, Goldman and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: Habeas corpus is not the proper procedural vehicle for prisoners who claim that the board has not complied with subdivision 6 of section 214 Correct. of the Correction Law, but we treat such petitions as article 78 proceedings. (Matter of Greene v Smith, 52 A.D.2d 292; People ex rel. Ganci v Henderson, 51 A.D.2d 888, mot for lv to app den 38 N.Y.2d 711). Relator was denied parole in June, 1975 based upon the seriousness of the offense, the fact that it constituted a violation of a previous parole release and other information in his case history. The reasons advanced are sufficient to comply with the standards noted in Matter of Watkins v Caldwell ( 54 A.D.2d 42).