PEOPLE v. MURRAY

Judgment unanimously affirmed without costs.

Memorandum:

Petitioner appeals from a judgment denying his petition for a writ of habeas corpus. Because petitioner failed to serve the writ on respondents ( see, CPLR 7005), Supreme Court should have dismissed the proceeding based on lack of personal jurisdiction over respondents ( see, Matter of Luongo v. Luongo, 111 A.D.2d 333, 334-335). In any event, the court properly denied the petition on the merits. Contrary to the contention of petitioner, the application of the 1997 parole guidelines ( see, 9 NYCRR 8005.20 [c]) to him does not violate the constitutional prohibition against ex post facto laws ( see, People ex rel. Johnson v. Russi, 258 A.D.2d 346, 347, appeal dismissed and lv denied 93 N.Y.2d 945; see also, People ex rel. Vasquez v. McCoy, 280 A.D.2d 929, lv dismissed 96 N.Y.2d 823; Matter of Williams v. New York State Bd. of Parole, 277 A.D.2d 617). Contrary to petitioner's further contention, the court properly denied the petition without holding a hearing because there was no indication in the papers before the court that petitioner was being illegally detained ( see, CPLR 7003 [a]; People ex rel. Brown v. Murray, 284 A.D.2d 987, 988).