Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

The People of the State of New York Ex Rel. Michael Gonzalez, Petitioner-Appellant v. Wayne County Sheriff and New York State Division of Parole

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,
v.
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

20120629

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.