70 A.D.3d 1321 893 N.Y.S.2d 781

The People of the State of New York ex rel. Claude Giguere, Appellant, v Warren Barkley, Superintendent, Cape Vincent Correctional Facility, et al., Respondents.

[893 NYS2d 781]

—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 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.

People ex rel. Giguere v. Barkley
70 A.D.3d 1321 893 N.Y.S.2d 781

Case Details

Name
People ex rel. Giguere v. Barkley
Decision Date
Feb 11, 2010
Citations

70 A.D.3d 1321

893 N.Y.S.2d 781

Jurisdiction
New York

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