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People v. Warden of West Facility

Appellate Division of the Supreme Court of New York, First Department
Sep 4, 1997
242 A.D.2d 415 (N.Y. App. Div. 1997)

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.


Summaries of

People v. Warden of West Facility

Appellate Division of the Supreme Court of New York, First Department
Sep 4, 1997
242 A.D.2d 415 (N.Y. App. Div. 1997)
Case details for

People v. Warden of West Facility

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. NORBERT LAYNE, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 4, 1997

Citations

242 A.D.2d 415 (N.Y. App. Div. 1997)
662 N.Y.S.2d 32