In People ex rel. Scarberry v. Connolly, Sup Ct, Dutchess County, Nov. 21, 2014, Rosa, J., index No. 3963/2014, a habeas corpus petition was brought by a SARA parolee who had been housed in the Fishkill RTF for more than six months after the termination of his prison sentence. Judge Rosa did not grant the petition for habeas corpus relief, but rather converted the petition to a CPLR article 78 proceeding. After conducting a hearing to determine whether the Fishkill RTF complied with the statutory definition of an RTF, Judge Rosa ordered that the petitioner be transferred to a compliant RTF. This order directing that petitioner be transferred to another RTF, despite the fact that he had already been housed in the Fishkill RTF for a period of time exceeding the six-month time limit imposed by Executive Law 259-c (14), does not support relator's request for habeas corpus relief in this proceeding. Relator also asserts that the Fishkill RTF is not a "legitimate RTF" because it does not satisfy the statutory criteria set forth in Correction Law 73. It is undisputed that the Department has designated Fishkill Correctional Facility as a residential treatment facility. (7 NYCRR 100.90; Dept of Corr & Community Supervision Directive No. 0051 [I] [Nov. 12, 2014].) Even if relator was able to establish that the Fishkill RTF is not operated as a residential treatment facility, he would not be entitled to immediate release. Rather, at most, relator would be entitled to an order directing the Department to transfer him to another RTF.