MATTER OF HENDRICKS v. FRANKLIN CORR. FACILITY


249 A.D.2d 856 (1998)

672 N.Y.S.2d 824

In the Matter of John Hendricks, Petitioner, v. Franklin Correctional Facility et al., Respondents

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

April 30, 1998


Petitioner was found guilty of violating the prison disciplinary rules that prohibit inmates from engaging in violent conduct and creating a disturbance. Petitioner's challenge to that determination in the context of this CPLR article 78 proceeding is, however, precluded by his failure to exhaust the available administrative remedies, there being no record that petitioner ever filed an administrative appeal (see, 7 NYCRR 5.52; see also, Matter of Epps v Broaddus...

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