Opinion
February 11, 1993
Appeal from the Supreme Court, Ulster County (Torraca, J.).
While incarcerated at Shawangunk Correctional Facility in Ulster County, petitioner filed numerous grievances relating to medical services, alleged confiscation and destruction of personal property and harassment. Petitioner commenced this proceeding requesting investigation and appropriate discipline of correctional services staff who have harassed him, an order enjoining further harassment and directing the return of all personal property, as well as money damages. Supreme Court dismissed the petition. We affirm.
We agree with Supreme Court that petitioner failed to exhaust his administrative remedies in all but 11 of his grievances, requiring dismissal of the petition as it pertains to these grievances (see, Matter of Roberts v Coughlin, 165 A.D.2d 964; Matter of Harris v Coughlin, 157 A.D.2d 997). As to the grievances for which petitioner did exhaust his administrative remedies, the record reveals that this proceeding was commenced more than four months after petitioner was given notice of the final determinations and must therefore be dismissed as time barred (see, Matter of Bogle v Mann, 175 A.D.2d 409). Supreme Court also properly found that it had no jurisdiction to consider petitioner's claims for money damages (see, Matter of Ronson v Commissioner of Correction, State of N.Y., 112 A.D.2d 488). Finally, given that petitioner is no longer incarcerated at Shawangunk Correctional Facility, his request for injunctive relief against the staff in that facility is moot.
Weiss, P.J., Levine, Mercure, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.