People ex rel. Boomer v. Bennett

Supreme Court denied the petition on the ground that petitioner failed to exhaust the administrative remedies available to challenge a determination of the Board of Parole (see 9 NYCRR part 8006). Petitioner’s papers, however, reflect that he is not contesting revocation of parole, but is asserting that the maximum release date of his sentence has expired and he is nevertheless still incarcerated. Such allegations implicate habeas corpus relief (see People ex rel. Morriale v Branham, 291 NY 312, 319-320; see also People ex rel. Zakrzewski v Mancusi, 22 NY2d 400, 403 n 2) and, therefore, the…