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CHRISTOPHER GINAS, Petitioner, v. SUSAN GERLINSKI, et ano, Respondents.

MEMORANDUM, ORDER AND JUDGMENT

WEINSTEIN, Senior District Judge.

Petitioner while on parole repeatedly violated his terms of parole. He has had his parole retarded and, after escape from the Brooklyn Community Corrections Center, was ordered by the Parole Commission to receive a parole rescission hearing. He is now in custody awaiting such a proceeding.

Apparently his present petition is based upon a contention that illegal forfeiture of his "street time" has improperly extended his parole so that he has fully served his parole period and should now be released. He did not appeal the order forfeiting "street time." Not having exhausted his administrative remedies without any reason given for this failure, this petition must be dismissed. Moreover, he is estopped from denying that his expiration date has not yet expired since he agreed to an extended expiration date by signing a certificate of parole containing that condition. See exh. BB attached to opposition of respondent.

Petitioner's letter filed September 22, 2000 attributes his problems on parole to family problems and his own substance abuse. See also his letter filed July 11, 2000 referring to his illness during parole and to a "hostile" parole officer during a particularly stressful period for petitioner. None of these matters suffices as a basis for granting of the petition.

The petition is dismissed. A certificate of appeal is denied.

SO ORDERED.

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GINAS v. GERLINSKI, (E.D.N.Y. 2000)
(Oct 4, 2000)