People ex rel. Khan v. New York State Board of Parole

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Beisner, J.), entered December 14, 1989 *889in Dutchess County, which, in a proceeding pursuant to CPLR article 70, granted respondents’ motion to dismiss the petition for, inter alia, failure to exhaust administrative remedies.

Upon being denied parole, petitioner’s remedy was to take an administrative appeal to the appeals unit of the State Division of Parole (see, 9 NYCRR 8006.1). Since petitioner failed to exhaust his administrative remedies, Supreme Court properly…