Opinion
2015-01-14
The PEOPLE, etc., ex rel. Santiago RAMIREZ, appellant, v. Kathleen GERBING, etc., respondent.
Santiago Ramirez, Otisville, N.Y., appellant pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
Santiago Ramirez, Otisville, N.Y., appellant pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
In a proceeding for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Orange County (Bartlett, J.), dated February 18, 2004, which denied the petition.
ORDERED that the judgment is affirmed, without costs or disbursements.
The gravamen of the petitioner's claim is that his reappearance for parole consideration was unreasonably delayed. However, since the remedy for such a wrong is an immediate reappearance, and not immediate release, the instant proceeding was properly dismissed ( see People ex rel. Mack v. Reid, 113 A.D.2d 962, 494 N.Y.S.2d 25; Jones v. U.S. Bureau of Prisons, 903 F.2d 1178, 1181). DILLON, J.P., HINDS–RADIX, MALTESE and BARROS, JJ., concur.