Howard v. Travis
Cases that cite this one
4 later published cases cite this decision.
- People ex rel. McDuffie v. Rabideau (Appellate Division of the Supreme Court of New York 2005)
- Watkins v. Annucci (Appellate Division of the Supreme Court of New York 2003)
- Boddie v. New York State Division of Parole (Appellate Division of the Supreme Court of New York 2002)
- Robinson v. Bennett (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a judgment of the Supreme Court (Torraca, J.), entered May 11, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to exhaust administrative remedies.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding in Supreme Court to challenge a determination of
We affirm. At the commencement of this CPLR article 78 proceeding, petitioner had an administrative appeal pending seeking the very same relief he was requesting in this proceeding. Hence, petitioner is precluded from seeking review of the initial determination denying his application for parole release until his administrative remedies have been exhausted (see, Matter of Hough v New York State Bd. of Parole, 235 AD2d 862, lv dismissed 90 NY2d 884; Matter of La Bounty v Russi, 208 AD2d 1071,, appeal dismissed and lv denied 85 NY2d 889).
Mercure, J. P., Crew III, Peters, Carpinello and Mugglin, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.