People ex rel. Scott v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

People ex rel. Scott v. New York State Division of Parole

273 A.D.2d 884, 710 N.Y.S.2d 265, 2000 N.Y. App. Div. LEXIS 6853

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 2000·Published·Cited by 1 cases

Opinion

Appeal unanimously dismissed without costs. Memorandum: Petitioner appeals from a judgment dismissing the petition for a writ of habeas corpus, brought to challenge aspects of a parole revocation proceeding that had not been finally determined when the proceeding was brought. Under the circumstances, habeas corpus relief is not available because the administrative determination was not yet final and petitioner failed to exhaust his administrative remedies (see, People ex rel. Childs v Bennett, 231 AD2d 951, 952, lv denied 89 NY2d 802; Matter of Trimaldi v Superintendent, 169 AD2d 960). Moreover, in these circumstances, the challenge to preliminary matters is rendered moot by the intervening final parole revocation determination (see, People ex rel. McCummings v DeAngelo, 259 AD2d 794, 794-795, lv denied 93 NY2d 810; People ex rel. Chavis v McCoy, 236 AD2d 892). (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Habeas Corpus.) Present — Pigott, Jr., P. J., Green, Kehoe and Lawton, JJ.

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Appeal unanimously dismissed without costs. Memorandum: Petitioner appeals from a judgment dismissing the petition for a writ of habeas corpus, brought to challenge aspects of a parole revocation proceeding that had not been finally determined when the proceeding was brought. Under the circumstances, habeas corpus relief is not available because the administrative determination was not yet final and petitioner failed to exhaust his administrative remedies (see, People ex rel. Childs v Bennett, 231 AD2d 951, 952, lv denied 89 NY2d 802; Matter of Trimaldi v Superintendent, 169 AD2d 960). Moreover, in these circumstances, the challenge to preliminary matters is rendered moot by the intervening final parole revocation determination (see, People ex rel. McCummings v DeAngelo, 259 AD2d 794, 794-795, lv denied 93 NY2d 810; People ex rel. Chavis v McCoy, 236 AD2d 892). (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Habeas Corpus.) Present — Pigott, Jr., P. J., Green, Kehoe and Lawton, JJ.

People ex rel. Scott v. New York State Division of Parole, 273 A.D.2d 884, 710 N.Y.S.2d 265, 2000 N.Y. App. Div. LEXIS 6853 (N.Y. Ct. App. 2000).

Pincite

273 A.D.2d 884 (People ex rel. Scott v. New York State Division of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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