THE PEOPLE OF THE STATE OF NEW YORK EX REL RYDELLE LEWIS PETITIONER APPELLANT v. CARL HUNT SUPERINTENDENT GROVELAND CORRECTIONAL FACILITY RESPONDENT RESPONDENT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. RYDELLE LEWIS, PETITIONER-APPELLANT, v. CARL B. HUNT, SUPERINTENDENT, GROVELAND CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

KAH 08-02094

Decided: April 30, 2010

PRESENT: MARTOCHE, J.P., SMITH, FAHEY, PERADOTTO, AND GREEN, JJ.

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, INC., WARSAW (NEAL J. MAHONEY OF COUNSEL), FOR PETITIONER-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Contrary to the contention of petitioner, Supreme Court did not err in summarily denying his petition seeking a writ of habeas corpus. Pursuant to CPLR 7003(a), the court possessed the authority to deny the petition on the ground that “it appear[ed] from the petition or the documents annexed thereto” that petitioner was not illegally detained. Here, the documents annexed to the petition, including the transcript of the final parole revocation hearing, support the court's conclusion that the determination of the Board of Parole revoking petitioner's parole is supported by substantial evidence (see People ex rel. Muhammad v. Bradt, 68 AD3d 1391).

Patricia L. Morgan

Clerk of the Court

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