From Casetext: Smarter Legal Research

People ex Rel. McDuffie v. Rabideau

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 2005
23 A.D.3d 1122 (N.Y. App. Div. 2005)

Opinion

KAH 04-02396.

November 10, 2005.

Appeal from a judgment (denominated order) of the Supreme Court, Livingston County (Ronald A. Cicoria, A.J.), entered September 16, 2004. The judgment dismissed the petition for a writ of habeas corpus.

ZIMMERMAN TYO, SHORTSVILLE (JOHN E. TYO OF COUNSEL), FOR PETITIONER-APPELLANT.

ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (ROBERT M. GOLDFARB OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present — Kehoe, J.P., Martoche, Pine, Lawton and Hayes, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: The petition was properly dismissed based on the failure of petitioner to perfect his administrative appeal from the denial of his request for parole ( see Matter of Sawyer v. Travis, 14 AD3d 913; Matter of Boddie v. New York State Div. of Parole, 293 AD2d 884, appeal dismissed 98 NY2d 752; Matter of Howard v. Travis, 268 AD2d 832, 833; see also People ex rel. Martinez v. Beaver, 8 AD3d 1095).


Summaries of

People ex Rel. McDuffie v. Rabideau

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 2005
23 A.D.3d 1122 (N.Y. App. Div. 2005)
Case details for

People ex Rel. McDuffie v. Rabideau

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL McDUFFIE, Appellant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 10, 2005

Citations

23 A.D.3d 1122 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8531
803 N.Y.S.2d 486