MATTER OF ROSS v. RICKS


268 A.D.2d 925 (2000)

700 N.Y.S.2d 873

In the Matter of JOSEPH A. ROSS, Appellant, v. THOMAS RICKS, as First Deputy Superintendent, Clinton Correctional Facility, et al., Respondents.

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

Decided January 27, 2000.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding in Supreme Court seeking an order prohibiting the use of leg shackles when he is transported out of the facility. Petitioner alleged that he is unable to climb steps to reach the grievance office and, therefore, cannot follow the Inmate Grievance Program procedure. Thereafter, respondents filed a motion to dismiss contending that petitioner failed to exhaust his administrative remedies. Supreme Court dismissed...

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