
    The People of the State of New York ex rel. Marcos Mosqueda, Appellant, v Robert Hanslmaier, as Acting Superintendent of Woodbourne Correctional Facility, Respondent.
    [623 NYS2d 164]
   Casey, J.

Appeal from a judgment of the Supreme Court (Kane, J.), entered May 31, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner failed to establish that a writ of habeas corpus is the appropriate remedy for the claims which arise out of his prior conviction (see, People ex rel. Graham v McClellan, 182 AD2d 872, appeal dismissed 80 NY2d 892).

Mikoll, J. P., Mercure, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.  