| People ex rel. Gonzalez v Wayne County Sheriff |
| 2012 NY Slip Op 05306 [96 AD3d 1698] |
| June 29, 2012 |
| Appellate Division, Fourth Department |
| The People of The State of New York ex rel. Michael Gonzalez,Appellant, v Wayne County Sheriff et al., Respondents. |
—[*1] Michael Gonzalez, petitioner-appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), forrespondent-respondent New York State Division of Parole.
Appeal from a judgment (denominated order) of the Supreme Court, Wayne County (DennisM. Kehoe, A.J.), entered April 18, 2011 in a proceeding pursuant to CPLR article 70. Thejudgment 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. Giguere v Barkley, 70AD3d 1321 [2010], lv denied 14 NY3d 710 [2010]; see People ex rel. Bratton v Mellas, 28AD3d 1207, 1207-1208 [2006], lv denied 7 NY3d 705 [2006]; see also 9NYCRR 8006.3 [a], [b]). "Moreover, even if petitioner's purported constitutional claims mightotherwise 'justify a departure from the general rule requiring exhaustion of administrativeremedies' . . . , habeas corpus relief nonetheless is unavailable as such claims, evenif meritorious, would not entitle petitioner to immediate release" (People ex rel. Ariola v Sears, 53 AD3d1001, 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.