Robert Tucker, Palmyra, for Petitioner–Appellant. Michael Gonzalez, Petitioner–Appellant Pro Se.
Eric T. Schneiderman, Attorney General, Albany (Frank Brady of Counsel), for Respondent–Respondent New York State Division of Parole.
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.
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 A.D.3d 1321, 893 N.Y.S.2d 781,lv. denied14 N.Y.3d 710, 2010 WL 1795311;see People ex rel. Bratton v. Mellas, 28 A.D.3d 1207, 1207–1208, 812 N.E.2d 244;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 A.D.3d 1001, 1002, 862 N.Y.S.2d 635,lv. denied11 N.Y.3d 710, 868 N.Y.S.2d 603, 897 N.E.2d 1087;see People ex rel. Wethington v. Beaver, 306 A.D.2d 945, 946, 761 N.Y.S.2d 919).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.