Opinion
KAH 02-02300.
December 31, 2003.
Appeal from a judgment of Supreme Court, Wyoming County (Dadd, J.), entered September 3, 2002, which denied the petition for a writ of habeas corpus.
WYOMING COUNTY-ATTICA LEGAL AID BUREAU, ATTICA (JERRY M. ADER OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (DENISE A. HARTMAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly denied the petition seeking a writ of habeas corpus. The determination of respondent that petitioner violated a condition of his parole is supported by substantial evidence ( see People ex rel. Fryer v. Beaver, 292 A.D.2d 876). Contrary to the contention of petitioner, the failure of the appeals unit of the Board of Parole to act on his administrative appeal within four months did not deny petitioner his due process right to an administrative appeal ( see Matter of Lord v. State of New York Exec. Dept. Bd./Div. of Parole, 263 A.D.2d 945, 946, lv denied 94 N.Y.2d 753, 95 N.Y.2d 826). The penalty is not excessive ( see id.).