MATTER OF FULTON v. FUTIA

507566.

71 A.D.3d 1356 (2010)

896 N.Y.S.2d 694

In the Matter of ALVIN FULTON JR., Appellant, v. FRANK FUTIA, an Employee of Coxsackie Correctional Facility, et al., Respondents.

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

Decided March 25, 2010.


Petitioner, acting pro se, prepared the order to show cause commencing this CPLR article 78 proceeding seeking to challenge a prison disciplinary determination. Supreme Court dismissed the petition on the ground that petitioner failed to exhaust his administrative remedies. Petitioner now appeals.

We affirm. Inasmuch as petitioner failed to demonstrate that he pursued an administrative appeal, Supreme Court properly concluded that dismissal for failure to exhaust...

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