MATTER OF WILSON v. GOORD


269 A.D.2d 853 (2000)

703 N.Y.S.2d 338

In the Matter of DWAYNE WILSON, Respondent, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 16, 2000.


Judgment unanimously reversed on the law without costs, motion granted and petition dismissed.

Memorandum:

Supreme Court erred in denying respondents' motion to dismiss the petition. Petitioner's administrative appeal was pending at the time petitioner commenced this CPLR article 78 proceeding. "[J]udicial review of any alleged errors in the parole process is precluded prior to the exhaustion of * * * administrative remedies" (Matter of La Bounty v Russi...

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