MATTER OF LUGO v. GOORD


306 A.D.2d 717 (2003)

760 N.Y.S.2d 699

In the Matter of CARLOS LUGO, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided June 19, 2003.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. In lieu of serving an answer, respondent moved to dismiss the petition on the ground that petitioner failed to preserve the claims raised in the petition by not addressing them on administrative appeal. Supreme Court granted the motion and this appeal by petitioner ensued.

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