Piedra v New York State Div. of Parole
2014 NY Slip Op 03338 [117 AD3d 477]
May 8, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 2, 2014


[*1]
 Olga Piedra, Appellant,
v
New York State Division of Parole, Respondent.

Olga Piedra, appellant pro se.

Eric T. Schneiderman, Attorney General, New York (Judith Vale of counsel), for respondent.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered December 12, 2012, which dismissed, without prejudice, the petition brought pursuant to CPLR article 78 to annul a determination of respondent New York State Division of Parole, finding that petitioner violated the conditions of her parole, revoked her parole, and imposed an assessment of five months of additional imprisonment, unanimously affirmed, without costs.

The motion court properly found that petitioner's failure to exhaust her administrative remedies precludes judicial review of respondent's determination (see Sumner v Hogan, 73 AD3d 618, 619-620 [1st Dept 2010]). Petitioner's assertion of constitutional claims does not excuse the lack of exhaustion, since these claims "require the resolution of factual issues reviewable at the administrative level" (Town of Oyster Bay v Kirkland, 19 NY3d 1035, 1038 [2012], cert denied 568 US &mdash, 133 S Ct 1502 [2013] [internal quotation marks and citation omitted]). Concur—Tom, J.P., Acosta, Andrias, DeGrasse and Richter, JJ.