MATTER OF O'KEEFE v. GOORD


43 A.D.3d 1249 (2007)

843 N.Y.S.2d 193

In the Matter of JOEL O'KEEFE, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided September 27, 2007.


Mugglin, J.

Petitioner, an inmate who is currently assigned to the special housing unit (hereinafter SHU), commenced this proceeding to challenge the denial of his grievance requesting smokeless tobacco and the policy of the Department of Correctional Services (hereinafter DOCS) which does not permit its possession and use by SHU inmates. Supreme Court dismissed the petition, and petitioner now appeals.

Initially, we note that, as respondents now concede,...

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