PEOPLE LAYNE v. WARDEN OF WEST FACILITY (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York ex rel. Norbert LAYNE, etc., Petitioner-Appellant, v. WARDEN OF WEST FACILITY, et al., Respondents-Respondents.

Decided: September 04, 1997

Before ROSENBERGER, J.P., and NARDELLI, RUBIN, WILLIAMS and MAZZARELLI, JJ.

Steve Sandler, for Petitioner-Appellant. Avi Lew, for Respondents-Respondents.

Judgment, Supreme Court, Bronx County (Alexander Hunter, Jr., J.), entered on or about December 24, 1996, dismissing petitioner's writ of habeas corpus, unanimously affirmed, without costs.

Where the issues raised by a petitioner could have been raised in an administrative appeal (Executive Law § 259-i[4]; 9 NYCRR 8006.3), and such petitioner has not exhausted such administrative remedies, habeas corpus relief is not available (People ex rel. Childs v. Bennett, 231 A.D.2d 951, 647 N.Y.S.2d 645, lv. denied 89 N.Y.2d 802, 653 N.Y.S.2d 279, 675 N.E.2d 1232; Matter of La Bounty v. Russi, 208 A.D.2d 1071, 617 N.Y.S.2d 651, appeal dismissed, lv. denied 85 N.Y.2d 889, 626 N.Y.S.2d 753, 650 N.E.2d 412). This is such a case.

MEMORANDUM DECISION.

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