Opinion
KAH 00-02630
February 1, 2002.
Appeal from a judgment (denominated order) of Supreme Court, Erie County (McCarthy, J.), entered October 4, 2000, which dismissed the petition seeking a writ of habeas corpus.
SALVATORE C. ADAMO, BUFFALO, FOR PETITIONER-APPELLANT.
RICHARD CHRISTY, PETITIONER-APPELLANT PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PATRICK BARNETT-MULLIGAN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
PRESENT: GREEN, J.P., HAYES, SCUDDER, GORSKI, AND LAWTON, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the petition seeking a writ of habeas corpus based on the failure of petitioner to exhaust his administrative remedies ( see, People ex rel. Layne v. Warden of W. Facility, 242 A.D.2d 415; People ex rel. Childs v. Bennett, 231 A.D.2d 951, 952, lv denied 89 N.Y.2d 802). We have considered petitioner's remaining contentions, including those raised in the pro se supplemental brief, and conclude that they lack merit.