People ex rel. Christy v. Goord — 291 A.D.2d 835

Majority

p. 835

The People of the State of New York ex rel. Richard Christy, Appellant, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, et al., Respondents.

[737 NYS2d 325]

—Appeal from a judgment (denominated order) of Supreme Court, Erie County (McCarthy, J.), entered October 4, 2000, which dismissed the petition seeking a writ of habeas corpus.

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

Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus based on the failure of petitioner to exhaust his administrative remedies (see, People ex rel. Layne v Warden of W. Facility, 242 AD2d 415 ; People ex rel. Childs v Bennett, 231 AD2d 951 , 952, lv denied 89 NY2d 802 ). We have considered petitioner’s remaining contentions, including those raised in the pro se supplemental brief, and conclude that they lack merit. Present — Green, J.P., Hayes, Scudder, Gorski and Lawton, JJ.