MATTER OF DELGADO v. ARTUS

510666.

93 A.D.3d 1041 (2012)

940 N.Y.S.2d 494

2012 NY Slip Op 2132

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 New York, Third Department.

Decided March 22, 2012.


GARRY, J.

Petitioner, a prison inmate, originally commenced this CPLR article 78 proceeding challenging the denial of a grievance he filed claiming that a negative performance evaluation was placed in his parole file in retaliation for filing a complaint against prison officials. Supreme Court (Donohue, J.) dismissed the proceeding on the ground of failure to exhaust administrative remedies, however, this Court reversed and remitted the matter for a disposition on...

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