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People v. Paul Russi

Appellate Division of the Supreme Court of New York, Third Department
Oct 10, 1996
232 A.D.2d 692 (N.Y. App. Div. 1996)

Opinion

October 10, 1996.

Appeal from a judgment of the County Court of Albany County (Rosen, J.), entered August 21, 1995, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Before: Cardona, J.P., Yesawich Jr., Peters, Spain and Carpinello, JJ.


Petitioner's parole was revoked in May 1995 for violating the conditions thereof which mandated his compliance with curfew restrictions and prohibited his presence in establishments serving alcoholic beverages. Petitioner thereafter brought a petition for a writ of habeas corpus which was denied by Supreme Court due to petitioner's failure to exhaust his administrative remedies ( see, 9 NYCRR part 8006).

We affirm. Before he can seek judicial redress, petitioner must pursue his administrative appeal to conclusion. Because petitioner commenced this proceeding prior to pursuing an available administrative appeal where full relief may be obtained, his petition was properly denied ( see, People ex rel. Gray v New York State Bd. of Parole, 174 AD2d 874, 875, lv denied 78 NY2d 860; Matter of Trimaldi v Superintendent of Washington Correctional Facility, 169 AD2d 960, 961).

Ordered that the judgment is affirmed, without costs.


Summaries of

People v. Paul Russi

Appellate Division of the Supreme Court of New York, Third Department
Oct 10, 1996
232 A.D.2d 692 (N.Y. App. Div. 1996)
Case details for

People v. Paul Russi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. GILBERT G. CARROLL, Appellant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 10, 1996

Citations

232 A.D.2d 692 (N.Y. App. Div. 1996)
647 N.Y.S.2d 1007