| People ex rel. Giguere v Barkley |
| 2010 NY Slip Op 01095 [70 AD3d 1321] |
| February 11, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York ex rel. Claude Giguere,Appellant, v Warren Barkley, Superintendent, Cape VincentCorrectional Facility, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), forrespondents-respondents.
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.
It is hereby ordered that the judgment so appealed from is unanimously affirmed withoutcosts.
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 hisfinal parole revocation hearing "could have been addressed in the course of [an] administrativeappeal," and thus petitioner failed to exhaust his administrative remedies (People ex rel.Davis v New York State Bd. of Parole, 263 AD2d 706, 707 [1999], lv denied 93NY2d 819 [1999]; see People ex rel. Faison v Travis, 277 AD2d 916 [2000], lvdenied 96 NY2d 705 [2001]; People ex rel. Campbell v Filion, 255 AD2d 915[1998]). The constitutional claims raised by petitioner are not of the type "that would justifydeparting from the general rule requiring exhaustion of administrative remedies" (People exrel. Gibbs v New York Bd. of Parole, 251 AD2d 718, 718 [1998], lv denied 92NY2d 814 [1998]). Present—Scudder, P.J., Centra, Fahey and Green, JJ.