MATTER OF EULO v. WALKER


277 A.D.2d 547 (2000)

714 N.Y.S.2d 827

In the Matter of JOSEPH EULO, Individually and on Behalf of JANMARIE EULO, Appellant, v. H. WALKER, as Superintendent of Auburn Correctional Facility, et al., Respondents.

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

Decided November 2, 2000.


Petitioner, an inmate incarcerated at a State correctional facility, commenced this CPLR article 78 proceeding individually and on behalf of his spouse, Janmarie Eulo, challenging a determination revoking Eulo's visitation privileges based upon a finding that she smuggled contraband into the facility. Supreme Court dismissed the petition, finding that petitioner lacked standing to commence the proceeding because he was not aggrieved by the determination and was without authority...

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