Opinion
June 16, 2000.
Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Habeas Corpus.
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE AND LAWTON, JJ.
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 A.D.2d 951, 952, lv denied 89 N.Y.2d 802; Matter of Trimaldi v. Superintendent of Washington Correctional Facility, 169 A.D.2d 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. De Angelo, 259 A.D.2d 794, 794-795, lv denied 93 N.Y.2d 810; People ex rel. Chavis v. McCoy, 236 A.D.2d 892).