People ex rel. Christy v. Goord

—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.

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 AD2d 415; People ex rel. Childs v Bennett, 231 AD2d 951, 952, lv denied 89 NY2d 802).…