PEOPLE EX REL. CAMPBELL v. FILION

Appeal unanimously dismissed without costs. Memorandum: Relator appeals from a judgment denying and dismissing his petition for a writ of habeas corpus. Relator sought "immediate parole reinstatement and any other actions found just by th[e] court: physical, psychological and financial damages." The appeal is moot because relator was released on parole on December 19, 1997 and has failed to show any concrete and continuing harm ( see, Spencer v. Kemna, 523 U.S. 1, 118 S Ct 978). In any event, relator failed to take a timely administrative appeal following the final parole revocation hearing that took place on October 16, 1996, and thus relator failed to exhaust his administrative remedies ( see, Matter of Nelson v. Coughlin, 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834). Finally, the decision to impose the one-year holdover sentence after relator violated the conditions of his parole was not an ultra vires or unconstitutional act ( see, Executive Law § 259-c [11, 12]).