MATTER OF DAVIS v. COUGHLIN


200 A.D.2d 904 (1994)

607 N.Y.S.2d 172

In the Matter of Donald Davis, Appellant, v. Thomas A. Coughlin, III, as Commissioner of Correctional Services, et al., Respondents

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

January 27, 1994


White, J.

Petitioner was found guilty of violating several prison rules in a tier II hearing and a subsequent tier III hearing. Following unsuccessful administrative appeals, petitioner commenced this CPLR article 78 proceeding challenging the legality of the determinations. Respondents moved to dismiss the petition on the ground that petitioner had not exhausted his administrative remedies. When it became evident that he had, Supreme Court directed respondents...

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