Opinion
December 27, 1990
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Upon being denied parole, petitioner's remedy was to take an administrative appeal to the appeals unit of the State Division of Parole (see, 9 NYCRR 8006.1). Since petitioner failed to exhaust his administrative remedies, Supreme Court properly dismissed his petition (see, People ex rel. Cotton v. Rodriguez, 123 A.D.2d 338, 339; Matter of Ortiz v. Hammock, 96 A.D.2d 735). Finally, contrary to his contention, petitioner had no expectation of release because his parole was conditioned upon deportation. Since that did not occur, he was required to be returned to the custody of the Department of Correctional Services (see, Executive Law § 259-i [d] [ii]).
Judgment affirmed, without costs. Mahoney, P.J., Casey, Levine, Mercure and Harvey, JJ., concur.