People ex rel. McDaniel v. Herbert

Appellate Division of the Supreme Court of New York

People ex rel. McDaniel v. Herbert

225 A.D.2d 1095, 639 N.Y.2d 239, 639 N.Y.S.2d 239, 1996 N.Y. App. Div. LEXIS 3003

Appellate Division of the Supreme Court of the State of New York·Decided March 8, 1996·Published·Cited by 1 cases

Opinion

Memorandum: Relator challenges the computation by the Board of Parole of delinquent time owed in its final declaration of delinquency. Because that issue could have been raised in an administrative appeal (see, 9 NYCRR 8006.3) and relator has not demonstrated that he has exhausted his administrative remedies with respect to it, habeas corpus relief is not available (see, 9 NYCRR part 8006; People ex rel. Woods v McGreevy, 191 AD2d 938, 940). (Appeal from Judgment of Supreme Court, Erie County, Glownia, J. — Habeas Corpus.) Present — Lawton, J. P., Fallon, Callahan, Doerr and Boehm, JJ.

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Memorandum: Relator challenges the computation by the Board of Parole of delinquent time owed in its final declaration of delinquency. Because that issue could have been raised in an administrative appeal (see, 9 NYCRR 8006.3) and relator has not demonstrated that he has exhausted his administrative remedies with respect to it, habeas corpus relief is not available (see, 9 NYCRR part 8006; People ex rel. Woods v McGreevy, 191 AD2d 938, 940). (Appeal from Judgment of Supreme Court, Erie County, Glownia, J. — Habeas Corpus.) Present — Lawton, J. P., Fallon, Callahan, Doerr and Boehm, JJ.

People ex rel. McDaniel v. Herbert, 225 A.D.2d 1095, 639 N.Y.2d 239, 639 N.Y.S.2d 239, 1996 N.Y. App. Div. LEXIS 3003 (N.Y. Ct. App. 1996).

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225 A.D.2d 1095 (People ex rel. McDaniel v. Herbert) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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