MATTER OF FEREIRA v. COOMBE


239 A.D.2d 905 (1997)

659 N.Y.S.2d 620

In the Matter of Jose Fereira, Petitioner, v. Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent

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

May 30, 1997


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner, an inmate at Attica Correctional Facility, seeks to annul a determination that he possessed a weapon and assaulted another inmate in violation of inmate rules 113.10 and 100.10 (7 NYCRR 270.2 [B] [14] [i]; [1] [i]). Petitioner failed to exhaust his administrative remedies with respect to his contention that he was denied adequate prehearing employee assistance...

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