Ordered that the judgment is modified, on the law, by deleting the provision thereof granting leave to renew the application in Albany County; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court erred in dismissing the proceeding on the ground of improper venue (see, CPLR 7002 [b]; 7004 [c]; cf., People ex rel. Pilgrim v. Scully, 154 A.D.2d 412). Nevertheless, we find that this proceeding pursuant to CPLR article 70 was properly dismissed inasmuch as the claims raised by the petitioner could have been raised either on direct appeal from the petitioner's judgment of conviction, or by way of a motion pursuant to CPL article 440 in the court of original jurisdiction, or would not have resulted in the petitioner's immediate release (see, People ex rel. Nelson v. Scully, 119 A.D.2d 709; People ex rel. Brady v. Scully, 111 A.D.2d 419). Furthermore, the allegations in the petition do not warrant a departure from "traditional orderly proceedings" (People ex rel. Heath v. Riley, 171 A.D.2d 768; People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.