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People ex rel Giguere v. Barkley

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


February 11, 2010

THE PEOPLE OF THE STATE OF NEW YORK EX REL. CLAUDE GIGUERE, APPELLANT,
v.
WARREN BARKLEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, ET AL., 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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 31, 2010

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. Davis v New York State Bd. of Parole, 263 AD2d 706, 707 [1999], lv denied 93 NY2d 819 [1999]; see People ex rel. Faison v Travis, 277 AD2d 916 [2000], lv denied 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 justify departing from the general rule requiring exhaustion of administrative remedies" (People ex rel. Gibbs v New York Bd. of Parole, 251 AD2d 718, 718 [1998], lv denied 92 NY2d 814 [1998]).

Present--Scudder, P.J., Centra, Fahey and Green, JJ.

20100211

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