Appellate Division of the Supreme Court of New York, 2012

People ex rel. Gonzalez v. Wayne County Sheriff

People ex rel. Gonzalez v. Wayne County Sheriff
Appellate Division of the Supreme Court of New York · Decided June 29, 2012
96 A.D.3d 1698; 947 N.Y.S.2d 738
People ex rel. Gonzalez v. Wayne County Sheriff

Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Wayne County (Dennis M. Kehoe, A.J.), entered April 18, 2011 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition for a writ of habeas corpus.

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. Giguere v Barkley, 70 AD3d 1321 [2010], lv denied 14 NY3d 710 [2010]; see People ex rel. Bratton v Mellas, 28 AD3d 1207, 1207-1208 [2006], lv denied 7 NY3d 705 [2006]; see also 9 NYCRR *16998006.3 [a], [b]). “Moreover, even if petitioner’s purported constitutional claims might otherwise ‘justify a departure from the general rule requiring exhaustion of administrative remedies’ . . . , habeas corpus relief nonetheless is unavailable as such claims, even if meritorious, would not entitle petitioner to immediate release” (People ex rel. Ariola v Sears, 53 AD3d 1001, 1002 [2008], lv denied 11 NY3d 710 [2008]; see People ex rel. Wethington v Beaver, 306 AD2d 945, 946 [2003]). Present— Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.

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