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MATTER OF BROOKS v. CONNOLLY

510689.

84 A.D.3d 1612 (2011)

922 N.Y.S.2d 823

In the Matter of DAVID BROOKS, Appellant, v. WILLIAM CONNOLLY, as Superintendent of Fishkill Correctional Facility, et al., Respondents.

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

Decided May 19, 2011.

Petitioner, an inmate currently housed at Gowanda Correctional Facility in Cattaraugus County, commenced this CPLR article 78 proceeding to challenge, among other things, his transfer from Fishkill Correctional Facility in Dutchess County, asserting that the transfer was in retaliation for exercising his constitutional rights. Respondents moved pursuant to CPLR 3211 (a) to dismiss the petition on the ground that, among other things, petitioner failed to exhaust his administrative...

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