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In the Matter of THEODORE HOWARD, Appellant, v. BRION D. TRAVIS, as Chairman of the New York State Board of Parole, et al., Respondents.

MEMORANDUM AND ORDER

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding in Supreme Court to challenge a determination of the Board of Parole which denied his application for parole release. Respondents thereafter moved to dismiss this proceeding based upon petitioner's failure to exhaust his administrative remedies. Supreme Court granted respondents' motion and this appeal by petitioner followed.

We affirm. At the commencement of this CPLR article 78 proceeding, petitioner had an administrative appeal pending seeking the very same relief he was requesting in this proceeding. Hence, petitioner is precluded from seeking review of the initial determination denying his application for parole release until his administrative remedies have been exhausted (see, Matter of Hough v. New York State Bd. of Parole, 235 A.D.2d 862, lv dismissed 90 N.Y.2d 884; Matter of La Bounty v. Russi, 208 A.D.2d 1071, appeal dismissed, lv denied 85 N.Y.2d 889).

Mercure, J.P., Crew III, Peters, Carpinello and Mugglin, JJ., concur.

ORDERED that the judgment is affirmed, without costs.

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MATTER OF HOWARD v. TRAVIS
(Jan 20, 2000)