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LEOPOLD SIAO-PAO, Appellant, v. BRION D. TRAVIS, as Chairman of the New York State Board of Parole, Respondent.

The complaint, which alleges that defendant gives preferential treatment to parole candidates based on race, sex, financial security or social advantage, was properly dismissed without prejudice to plaintiff's seeking appropriate relief after he exhausts his administrative remedies. Couching an adverse administrative decision in terms of a constitutional violation will not excuse a litigant from pursuing administrative remedies that can provide the requested substantive relief, here parole, where resolution of the constitutional claim, here unequal protection, rests on factual issues that are reviewable administratively ( Matter of Schulz v. State of New York, 86 NY2d 225, 232, cert denied 516 US 944; see Johnson v. Markman, 288 AD2d 165; Matter of Hakeem v. Wong, 223 AD2d 765, lv denied 88 NY2d 802).

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SIAO-PAO v. TRAVIS
(Nov 15, 2005)