MATTER OF HARRIS v. TRAVIS


302 A.D.2d 649 (2003)

753 N.Y.S.2d 771

In the Matter of DONALD HARRIS, Appellant, v. BRION D. TRAVIS, as Chair of the Board of Parole, Respondent.

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

Decided February 6, 2003.


Petitioner, a pro se inmate, filed a verified petition purporting to commence a CPLR article 78 proceeding challenging a determination of the Board of Parole. Supreme Court treated the petition as an ex parte application for the issuance of an order to show cause to commence a CPLR article 78 proceeding, denied the request and dismissed the petition based upon petitioner's failure to exhaust his administrative remedies. Inasmuch...

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