Opinion
October 23, 1989
Ordered that the motion is granted, without costs or disbursements; and it is further,
Adjudged that the proceeding is dismissed, without costs or disbursements.
The Appellate Division does not have original jurisdiction to entertain the instant proceeding pursuant to CPLR article 78 against a parole officer (see, CPLR 7804 [b]; Matter of Nolan v Lungen, 61 N.Y.2d 788; Matter of Williams v Shanley, 138 A.D.2d 885). Moreover, although the matter is captioned as a habeas corpus proceeding pursuant to CPLR article 70 would be captioned, and the petitioner is actually seeking immediate release in the nature of habeas corpus relief, even if we were to deem the instant proceeding as an application for a writ of habeas corpus, the Supreme Court, Dutchess County, has already denied habeas corpus relief, and the petitioner's remedy would be an appeal in that proceeding. Furthermore, we note that the petitioner has failed to exhaust his administrative remedies pursuant to Executive Law § 259-i. Mollen, P.J., Mangano, Brown and Sullivan, JJ., concur.