Opinion
September 4, 1997
Appeal from the Supreme Court, Bronx County (Alexander Hunter, Jr., J.).
For Petitioner-Appellant: Steve Sandler
For Respondent: Avi Lew
Where the issues raised by a petitioner could have been raised in an administrative appeal (Executive Law § 259-i; 9 NYCRR 8006.3), and such petitioner has not exhausted such administrative remedies, habeas corpus relief is not available ( People ex rel. Childs v. Bennett, 231 A.D.2d 951, lv denied 89 N.Y.2d 802; Matter of La Bounty v. Russi, 208 A.D.2d 1071, appeal dismissed and lv denied 85 N.Y.2d 889). This is such a case.
Concur — Rosenberger, J.P., Nardelli, Rubin, Williams and Mazzarelli, JJ.