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MATTER OF SALAHUDDIN v. SMITH

91 A.D.2d 755 (1982)

In the Matter of Richard A. Salahuddin, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents In the Matter of Richard A. Salahuddin, Appellant, v. New York State Board of Parole, Respondent

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

December 23, 1982

In view of our recent decision in Matter of King v Gregorie (90 A.D.2d 922), the present appeal must be dismissed. Were we to exercise our authority under CPLR 5704 (subd [a]), we would nonetheless hold that Special Term correctly denied petitioner's application for having failed to exhaust his administrative remedies (see 7 NYCRR 5.45; 9 NYCRR 8008.8; Matter of Cosgrove v Klingler, 58 A.D.2d 910

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