PEOPLE DUFFY v. HODGES

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

PEOPLE of the State of New York ex rel. Shawn DUFFY, Petitioner-Appellant, v. Gary F. HODGES, Superintendent, Gowanda Correctional Facility, Respondent-Respondent.

Decided: September 28, 2001

PRESENT:  PINE, J.P., WISNER, HURLBUTT, KEHOE and GORSKI, JJ. David J. Pajak, for petitioner-appellant. William E. Storrs, for respondent-respondent.

Petitioner, an inmate at the Gowanda Correctional Facility, commenced this proceeding in 1999 to challenge the validity of an arrest warrant issued by the South Carolina Parole Board in 1992.   Supreme Court properly dismissed the petition.  “[T]he courts of this State lack jurisdiction to vacate the arrest warrant of another State or to dismiss the underlying charges” (Matter of McCrary v. Scully, 153 A.D.2d 629, 630, 544 N.Y.S.2d 852).

Judgment unanimously affirmed without costs.

MEMORANDUM: