Opinion
KAH 04-02396.
November 10, 2005.
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.
ZIMMERMAN TYO, SHORTSVILLE (JOHN E. TYO OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (ROBERT M. GOLDFARB OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
Present — Kehoe, J.P., Martoche, Pine, Lawton and Hayes, JJ.
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; Matter of Boddie v. New York State Div. of Parole, 293 AD2d 884, appeal dismissed 98 NY2d 752; Matter of Howard v. Travis, 268 AD2d 832, 833; see also People ex rel. Martinez v. Beaver, 8 AD3d 1095).