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MATTER OF ALAMIN v. NEW YORK STATE DEP'T OF CORR. SERVS.

241 A.D.2d 586 (1997)

660 N.Y.S.2d 746

In the Matter of A. Rabb Alamin, Also Known as Robert Price, Appellant, v. New York State Department of Correctional Services et al., Respondents

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

July 3, 1997

Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, an order compelling respondents to comply with the smoking ban guidelines at Green Haven Correctional Facility in Dutchess County. Inasmuch as petitioner failed to avail himself of the procedures set forth in Public Health Law article 13-E before commencing this proceeding, thereby failing to exhaust his administrative remedies, we find that Supreme...

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