People ex rel. McDuffie v. Rabideau
This text of 23 A.D.3d 1122 (People ex rel. McDuffie v. Rabideau) 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.
Opinion
Appeal from a judgment (denominated order) of the Supreme Court, Livingston County (Ronald A. Cicoria, A.J.), entered September 16, 2004. The judgment dismissed the petition for a writ of habeas corpus.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: The petition was properly dismissed based on the failure of petitioner to perfect his administrative appeal from the denial of his request for parole (see Matter of Sawyer v Travis, 14 AD3d 913 [2005]; Matter of Boddie v New York State Div. of Parole, 293 AD2d 884 [2002], appeal dismissed 98 NY2d 752 [2002]; Matter of Howard v Travis, 268 AD2d 832, 833 [2000]; see also People ex rel. Martinez v Beaver, 8 AD3d 1095 [2004]). Present—Kehoe, J.P., Martoche, Pine, Lawton and Hayes, JJ.
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23 A.D.3d 1122, 803 N.Y.S.2d 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-mcduffie-v-rabideau-nyappdiv-2005.