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MATTER OF KIBBE v. SCULLY

97 A.D.2d 795 (1983)

In the Matter of Barry Kibbe, Appellant, v. Charles J. Scully, as Superintendent of Green Haven Correctional Facility, Respondent

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

November 14, 1983

Judgment affirmed, without costs or disbursements.

Although petitioner has apparently failed to exhaust his administrative remedies by appealing the determination of his inmate pay rate, thus rendering this proceeding premature (Matter of Patterson v Smith, 53 N.Y.2d 98), it is manifest upon this record that such administrative proceedings would be futile. We note that the guidelines of the Department of Correctional Services...

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