MATTER OF JOHNSON v. COUGHLIN


187 A.D.2d 1038 (1992)

In the Matter of Kenneth Johnson, Appellant, v. Thomas A. Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

November 18, 1992


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Petitioner failed to raise on administrative appeal the contention that the Hearing Officer erred in refusing to review the videotape of the incident at the de novo disciplinary proceedings. Therefore, he has failed to exhaust his administrative remedies and the court has no discretionary power to reach this issue (see, Watergate II Apts. v Buffalo Sewer...

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