People ex rel. Layne v. Warden of West Facility

Appellate Division of the Supreme Court of New York

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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 4, 1997

StatusPublished

Cited by1 cases

This text of 242 A.D.2d 415 (People ex rel. Layne v. Warden of West Facility) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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 (N.Y. Ct. App. 1997).

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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.

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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.

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Bluebook (online)

242 A.D.2d 415, 662 N.Y.S.2d 32, 1997 N.Y. App. Div. LEXIS 8498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-layne-v-warden-of-west-facility-nyappdiv-1997.

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