MATTER OF JOHNSON v. ANNUCCI

524804.

157 A.D.3d 1171 (2018)

67 N.Y.S.3d 505

2018 NY Slip Op 00499

In the Matter of JOHNATHAN JOHNSON, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided January 25, 2018.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding ostensibly to review a determination of respondents limiting the length of his phone calls with his then attorneys to 30 minutes. Respondents moved to dismiss the petition based on, among other things, a failure to exhaust administrative remedies. Supreme Court granted respondents' motion, finding, among other things, that relevant directives provided an avenue for inmates to seek an exception to the 30...

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