Whitehead v. Russi

Appeal from a judgment of the Supreme Court (Duskas, J.), entered March 5, 1993 in St. Lawrence County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to, inter alia, review a determination of the Board of Parole denying petitioner’s request for parole.

Petitioner’s application should have been dismissed due to his failure to exhaust administrative remedies; the fact that petitioner may have ultimately perfected his administrative appeal does not absolve him of this requirement or validate this petition nunc pro tunc. In any event, were we to reach the…