Opinion
No. 31 KAH 09-00304.
February 11, 2010.
Appeal from a judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered January 15, 2009. The judgment dismissed the petition for a writ of habeas corpus.
LINDA M. CAMPBELL, SYRACUSE, FOR PETITIONER-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
Present: Scudder, P.J., Centra, Fahey and Green, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. The challenges by petitioner to the determination of the Administrative Law Judge following his final parole revocation hearing "could have been addressed in the course of [an] administrative appeal," and thus petitioner failed to exhaust his administrative remedies ( People ex rel. Davis v New York State Bd. of Parole, 263 AD2d 706, 707, lv denied 93 NY2d 819; see People ex rel. Faison v Travis, 277 AD2d 916, lv denied 96 NY2d 705; People ex rel. Campbell v Filion, 255 AD2d 915). The constitutional claims raised by petitioner are not of the type "that would justify departing from the general rule requiring exhaustion of administrative remedies" ( People ex rel. Gibbs v New York Bd. of Parole, 251 AD2d 718, 718, lv denied 92 NY2d 814).