Opinion
KAH 02-00127
June 13, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Orleans County (Punch, J.), entered December 12, 2001, which denied the petition for a writ of habeas corpus.
STEPHEN K. UNDERWOOD, WEST SENECA, FOR PETITIONER-APPELLANT.
ANDERSON WETHINGTON, PETITIONER-APPELLANT PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (EDWARD LINDNER OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied the petition for a writ of habeas corpus based upon the failure of petitioner to exhaust his administrative remedies ( see People ex rel. Victory v. Herbert, 277 A.D.2d 933, 934, lv denied 96 N.Y.2d 705; People ex rel. Joyce v. New York State Div. of Parole, 249 A.D.2d 638; People ex rel. Childs v. Bennett, 231 A.D.2d 951, 952, lv denied 89 N.Y.2d 802). We reject the contention of petitioner that his constitutional claims of unlawful seizure "justify a departure from the general rule requiring exhaustion of administrative remedies" ( People ex rel. Greany v. Travis, 269 A.D.2d 666, 666, lv denied 94 N.Y.2d 765). In any event, those claims, "even if meritorious, would not entitle petitioner to immediate release," and thus habeas corpus is not an appropriate remedy ( Joyce, 249 A.D.2d at 638). We have considered the remaining contentions of petitioner, including those contained in his pro se supplemental brief, and conclude that they are without merit.