MATTER OF McKEOWN v. GOORD


265 A.D.2d 760 (1999)

697 N.Y.S.2d 708

In the Matter of ROBERT McKEOWN, Appellant, v. GLENN GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided October 28, 1999.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging respondent's determination finding that petitioner was not eligible for merit time allowance (see, Correction Law § 803 [3]) due to his "refusal to participate in programs/treatment recommended by department staff". Supreme Court dismissed the petition on the ground that petitioner failed to exhaust his administrative remedies in that he did not file a grievance with respect to...

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