Opinion
February 14, 2001.
Order, Supreme Court, Bronx County (Edward Davidowitz, J.), entered on or about October 18, 2000, which denied petitioner's application for a writ of habeas corpus challenging respondent's revocation of petitioner's parole, and dismissed the petition, unanimously affirmed, without costs.
Steve Sandler, for petitioner-appellant.
Bruno V. Gioffre, Jr., for respondents-respondents.
Before: Nardelli, J.P., Williams, Ellerin, Wallach, Friedman, JJ.
The proceeding was properly dismissed for failure to exhaust administrative remedies since the errors that petitioner claims were committed at the parole revocation hearing could have been remedied by means of an administrative appeal (see, People ex rel. Davis v. New York State Bd. of Parole, 263 A.D.2d 706, 707, lv denied 93 N.Y.2d 819; see generally, Matter of Carter v. State of New York, 95 N.Y.2d 267, 270). Indeed, the instant proceeding appears to challenge nothing more than the Hearing Officer's factual finding that petitioner violated an important condition of his parole. This is clearly the sort of decision that should be appealed administratively, at least in the first instance ( 9 NYCRR 8006.3[b][1]).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.