D'ADAMO v. ARTUS

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).

Ordered that the judgment is affirmed, without costs.