MATTER OF McMOORE v. GREENE


31 A.D.3d 1007 (2006)

819 N.Y.S.2d 596

In the Matter of JAMES McMOORE, Appellant, v. GARY GREENE, as Superintendent of Great Meadow Correctional Facility, et al., Respondents.

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

July 20, 2006.


Carpinello, J.

Prior to his transfer to another correctional facility, petitioner was an inmate at Great Meadow Correctional Facility in Washington County. While there, he unsuccessfully requested permission from prison administrators to permit an organization of which he was a member to hold a fundraiser. He then commenced this CPLR article 78 proceeding in the nature of mandamus to compel. The proceeding was dismissed based on his failure to exhaust administrative...

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