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La Bounty v. Russi

Appellate Division of the Supreme Court of New York, Third Department
Oct 20, 1994
208 A.D.2d 1071 (N.Y. App. Div. 1994)

Opinion

October 20, 1994

Appeal from the Supreme Court, Albany County (Kahn, J.).


Petitioner, an inmate at Woodbourne Correctional Facility in Sullivan County, commenced this CPLR article 78 proceeding to set aside a determination denying him release on parole and to obtain an order directing respondents to provide him with copies of all records in respondents' possession relating to his arrests and convictions from certain jurisdictions. Respondents thereafter moved to dismiss this proceeding based upon petitioner's failure to exhaust his administrative remedies. Supreme Court granted respondents' motion, and this appeal by petitioner followed.

We affirm. The record indicates that there presently is pending an administrative appeal brought by petitioner seeking the very relief requested in this proceeding, and it is well settled that judicial review of any alleged errors in the parole process is precluded prior to the exhaustion of the administrative remedies available pursuant to 9 N.Y.CRR part 8006 (see, People ex rel. Woods v. McGreevy, 191 A.D.2d 938, 941; People ex rel. Gray v. New York State Bd. of Parole, 174 A.D.2d 874, 875, lv. denied 78 N.Y.2d 860). Petitioner has failed to demonstrate that he will be unable to perfect his administrative appeal without the requested documentation, and his assertions that he was denied access to certain records and that the records relied upon by respondents in denying him parole were inaccurate may be explored upon his administrative appeal.

Mercure, J.P., White and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

La Bounty v. Russi

Appellate Division of the Supreme Court of New York, Third Department
Oct 20, 1994
208 A.D.2d 1071 (N.Y. App. Div. 1994)
Case details for

La Bounty v. Russi

Case Details

Full title:In the Matter of MARK LA BOUNTY, Appellant, v. PAUL RUSSI, as Chairman of…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 20, 1994

Citations

208 A.D.2d 1071 (N.Y. App. Div. 1994)
617 N.Y.S.2d 651

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