MATTER OF BROOKS v. ANNUCCI

527016.

175 A.D.3d 769 (2019)

103 N.Y.S.3d 866

2019 NY Slip Op 06033

In the Matter of David Brooks, Appellant, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided August 1, 2019.


Petitioner commenced this CPLR article 78 proceeding challenging two tier III prison disciplinary determinations finding him guilty of violating certain prison disciplinary rules. Respondent moved pursuant to CPLR 3211 (a) (7) to dismiss the petition on the ground that petitioner had failed to exhaust his administrative remedies. Petitioner opposed the motion by claiming that his ability to exhaust his administrative remedies regarding the two determinations was obstructed...

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