Ortiz v. Hammock

— Judgment unanimously modified in accordance with memorandum and, as modified, affirmed and matter remitted to the Board of Parole, for further proceedings, in accordance with the following memorandum: Petitioner brought this proceeding to contest his denial of parole. The record before us contains nothing to indicate what action, if any, was taken by the appeals unit. If petitioner bypassed this step, then his action is premature for failure to exhaust his administrative remedies (Executive Law, § 259-i, subd 4; 9 NYCRR 8006.1). There are other serious problems with this record which make…