IN THE MATTER OF DELGADO v. ARTUS


56 A.D.3d 1067 (2008)

867 N.Y.S.2d 357

In the Matter of FELIX DELGADO, Appellant, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, et al., Respondents.

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

November 26, 2008.


Petitioner filed a grievance with respect to an evaluation that was made part of his institutional record that he regarded as derogatory and prepared in retaliation for his filing of a complaint against prison officials. The grievance was ultimately denied by the Central Office Review Committee and petitioner commenced this CPLR article 78 proceeding challenging that determination. Supreme Court thereafter granted respondents' motion to dismiss the petition for failure to...

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