People ex rel. Layne v. Warden of West Facility

242 A.D.2d 415, 662 N.Y.S.2d 32, 1997 N.Y. App. Div. LEXIS 8498

Opinion

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 AD2d 951, lv denied 89 NY2d 802; Matter of La Bounty v Russi, 208 AD2d 1071, appeal dismissed and lv denied 85 NY2d 889). This is such a case. Concur—Rosenberger, J. P., Nardelli, Rubin, Williams and Mazzarelli, JJ.