PEOPLE EX REL. BRATTON v. MELLAS


28 A.D.3d 1207 (2006)

812 N.Y.S.2d 923

THE PEOPLE OF STATE OF NEW YORK ex rel. LARRY A. BRATTON, Appellant, v. CHRIS MELLAS, as Superintendent of Watertown Correctional Facility, Respondent.

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

April 28, 2006.


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

Memorandum:

Supreme Court properly granted respondent's motion seeking dismissal of the petition for a writ of habeas corpus based upon the failure of petitioner to exhaust his administrative remedies. "[I]t is well settled that `[h]abeas corpus relief is inappropriate in cases where the claimed errors could have been remedied by means of an...

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