Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Calendar Date: March 2, 2009
Before: Cardona, P.J., Spain, Rose, Malone Jr. and Kavanagh, JJ.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered September 18, 2008 in Clinton County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this CPLR article 70 proceeding seeking a writ of habeas corpus, contending that he is being illegally held due to the Division of Parole's failure to assist with and/or approve housing necessary to facilitate his conditional release. Supreme Court refused to issue the writ and denied petitioner's application without a hearing. Petitioner now appeals.
We affirm. Entitlement to immediate release from prison, which does not occur until the expiration of an inmate's sentence, is a prerequisite for habeas corpus relief (see People ex rel. Porter v Napoli, 56 AD3d 830, 831 ). Because petitioner is not entitled to any such immediate release in this case, Supreme Court properly denied petitioner's application (see People ex rel. Land v State of New York, 54 AD3d 1113 ; People ex rel. Sansalone v Schriver, 252 AD2d 605 ).
Cardona, P.J., Spain, Rose, Malone Jr. and Kavanagh, JJ., concur.
ORDERED that the judgment is affirmed, without costs.
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