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The People of State of New York ex rel. Raymond Harris, Also Known as Chauncey Harris, Appellant, v. New York State Division of Parole et al., Respondents

New York Supreme Court, Appellate Division2003-06-13
306 A.D.2d 938761 N.Y.S.2d 915

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Opinion

majority opinion

—Appeal from a judgment of Supreme Court, Jefferson County (Gilbert, J.), entered September 7, 2001, which, inter alia, dismissed the petition seeking a writ of habeas corpus.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly dismissed the peti tion seeking a writ of habeas corpus. Because “ ‘[p]aróle decisions are discretionary and prisoners have no right to be released prior to the expiration of their sentences,’ ” petitioner is not entitled to habeas corpus relief (People ex rel. Daniels v Beaver, 303 AD2d 1025, 1025 [2003], quoting People ex rel. Sansalone v Schriver, 252 AD2d 605, 605 [1998]). Although this Court has the power to convert a petition for a writ of habeas corpus into a CPLR article 78 petition, we decline to do so based on the failure of petitioner to exhaust his administrative remedies (see People ex rel. Christy v Goord, 291 AD2d 835 [2002], lv denied 98 NY2d 601 [2002]). We have considered the remaining contentions raised by petitioner in his pro se supplemental brief and conclude that they lack merit. Present — Pigott, Jr., P.J., Pine, Hurlbutt, Burns and Lawton, JJ.