SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 29, 2012
THE PEOPLE OF THE STATE OF NEW YORK EX REL. MICHAEL GONZALEZ, PETITIONER-APPELLANT,
WAYNE COUNTY SHERIFF AND NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.
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.
People ex rel. Gonzalez v Wayne County Sheriff
Decided on June 29, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.
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, lv denied 14 NY3d 710; see People ex rel. Bratton v Mellas, 28 AD3d 1207, 1207-1208, lv denied 7 NY3d 705; see also 9 NYCRR 8006.3 [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, lv denied 11 NY3d 710; see People ex rel. Wethington v Beaver, 306 AD2d 945, 946).
Entered: June 29, 2012
Frances E. Cafarell Clerk of the Court
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