THE PEOPLE OF THE STATE OF NEW YORK EX REL CLAUDE GIGUERE PETITIONER APPELLANT v. WARREN BARKLEY SUPERINTENDENT CAPE VINCENT CORRECTIONAL FACILITY AND NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES RESPONDENTS RESPONDENTS (2010)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum:  Supreme Court properly dismissed the petition for a writ of habeas corpus.   The challenges by petitioner to the determination of the Administrative Law Judge following his final parole revocation hearing “could have been addressed in the course of [an] administrative appeal,” and thus petitioner failed to exhaust his administrative remedies (People ex rel. Davis v New York State Bd. of Parole, 263 A.D.2d 706, 707, lv denied 93 N.Y.2d 819;  see People ex rel. Faison v. Travis, 277 A.D.2d 916, lv denied 96 N.Y.2d 705;  People ex rel. Campbell v. Filion, 255 A.D.2d 915).   The constitutional claims raised by petitioner are not of the type “that would justify departing from the general rule requiring exhaustion of administrative remedies” (People ex rel. Gibbs v. New York Bd. of Parole, 251 A.D.2d 718, 718, lv denied 92 N.Y.2d 814).

Patricia L. Morgan

Clerk of the Court