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MATTER OF MONTGOMERY v. LEFEVRE

87 A.D.2d 904 (1982)

In the Matter of Charles Montgomery et al., Appellants, v. Eugene S. Lefevre, as Superintendent of The Clinton Correctional Facility, et al., Respondents

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

April 1, 1982

The appeal must be dismissed since the denial of an ex parte application for an order to show cause is not appealable (see CPLR 5701, subd [a], par 2; Matter of Singleton v New York State Bd. of Parole, 78 A.D.2d 583). Were we to reach the merits, we would affirm Special Term's refusal to grant the order to show cause solely on the ground that petitioners failed to exhaust administrative remedies (see Matter of Patterson v Smith...

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