PEOPLE GONZALEZ v. WAYNE COUNTY SHERIFF (2012)

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. Giguere v. Barkley, 70 A.D.3d 1321, 893 N.Y.S.2d 781, lv. denied 14 N.Y.3d 710, 2010 WL 1795311; see People ex rel. Bratton v. Mellas, 28 A.D.3d 1207, 1207–1208, 812 N.Y.S.2d 923, lv. denied 7 N.Y.3d 705, 819 N.Y.S.2d 873, 853 N.E.2d 244; see also 9 NYCRR 8006.3[a], [b] ). “Moreover, even if petitioner's purported constitutional claims might otherwise ‘justify a departure from the general rule requiring exhaustion of administrative remedies' ․, habeas corpus relief nonetheless is unavailable as such claims, even if meritorious, would not entitle petitioner to immediate release” (People ex rel. Ariola v. Sears, 53 A.D.3d 1001, 1002, 862 N.Y.S.2d 635, lv. denied 11 N.Y.3d 710, 868 N.Y.S.2d 603, 897 N.E.2d 1087; see People ex rel. Wethington v. Beaver, 306 A.D.2d 945, 946, 761 N.Y.S.2d 919).

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

MEMORANDUM: