People ex rel. Bratton v. Mellas
Opinion of the Court
Appeal from a judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered March 11, 2004 in a habeas corpus proceeding. The judgment granted respondent’s motion and dismissed the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly granted respondent’s motion seeking dismissal of the petition for a writ of habeas corpus based upon the failure of petitioner to exhaust his administrative remedies. “[I]t is well settled that ‘[hjabeas corpus relief is inappropriate in cases where the claimed errors could have been remedied by means of an administrative appeal’ ” (People ex rel. Scott v Babbie, 248 AD2d 909, 910 [1998], lv denied 92 NY2d 803 [1998], quoting People ex rel. Vazquez v Travis, 236 AD2d 745, 746 [1997], appeal dismissed 91 NY2d 847 [1997]; see People ex rel. Faison v Travis, 277 AD2d 916 [2000], lv denied 96 NY2d 705 [2001]). We reject the contention of petitioner that he was not required to exhaust his administrative remedies because he is raising a constitutional issue (see generally Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57 [1978]). A petition is properly dismissed based on the failure of a petitioner “to exhaust his [or her] administrative remedies
Case-law data current through December 31, 2025. Source: CourtListener bulk data.