Legal Opinion

People ex rel. Epps v. Warden, Riker's Island Correctional Facility

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 2007Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), entered October 31, 2005, which dismissed this proceeding for a writ of habeas corpus challenging the revocation of petitioner’s parole, unanimously affirmed, without costs.

Petitioner failed to exhaust his administrative remedies. The errors he claims were committed at the parole revocation hearing could have been remedied by means of an administrative appeal (People ex rel. Charleston v New York State Div. of Parole, 280 AD2d 348 [2001]). It does not avail petitioner to argue that the alleged errors are of constitutional…

2Cases cited2 opinions

  1. People ex rel. Bratton v. MellasAppellate Division of the Supreme Court of the State of New York · 2006
  2. People ex rel. Charleston v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2001

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