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Matter of McCloud v. Coughlin

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1984
102 A.D.2d 854 (N.Y. App. Div. 1984)

Opinion

June 11, 1984


In a CPLR article 78 proceeding to review a determination of the Superintendent of the Green Haven Correctional Facility penalizing petitioner for an assault on another inmate, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Palella, J.), dated April 21, 1983, which dismissed the petition. ¶ Judgment affirmed, without costs or disbursements. ¶ Administrative review of the Superintendent's determination by the New York State Commissioner of Correctional Services was available (see 7 NYCRR 254.8). Petitioner not having exhausted his administrative remedies, the petition was properly dismissed by Special Term (see Matter of Patterson v. Smith, 53 N.Y.2d 98; Matter of Hall v. LeFevre, 84 A.D.2d 622, mot for lv to app den 55 N.Y.2d 603; Matter of Buxton v. Winch, 78 A.D.2d 758, mot for lv to app den 53 N.Y.2d 601). Mollen, P.J., Titone, Mangano and Lawrence, JJ., concur.


Summaries of

Matter of McCloud v. Coughlin

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1984
102 A.D.2d 854 (N.Y. App. Div. 1984)
Case details for

Matter of McCloud v. Coughlin

Case Details

Full title:In the Matter of JAMES McCLOUD, Appellant, v. T.A. COUGHLIN, III, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 11, 1984

Citations

102 A.D.2d 854 (N.Y. App. Div. 1984)

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