Opinion
February 27, 1992
Appeal from the Supreme Court, Greene County (Cobb, J.).
Supreme Court properly dismissed the petition due to petitioner's failure to exhaust his administrative remedies. Even if petitioner's claim is accepted that habeas corpus is the appropriate remedy, the issue he raises could have been raised on administrative appeal (see, 9 NYCRR 8006.3; People ex rel. Gray v. New York State Bd. of Parole, 174 A.D.2d 874, lv denied 78 N.Y.2d 860; Matter of Milburn v. New York State Div. of Parole, 173 A.D.2d 1016; Matter of Trimaldi v. Superintendent of Washington Correctional Facility, 169 A.D.2d 960). The court's decision must therefore be affirmed.
Mikoll, J.P., Mercure, Crew III and Mahoney, JJ., concur. Ordered that the judgment is affirmed, without costs.