Alamin v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Alamin v. New York State Department of Correctional Services

241 A.D.2d 586, 660 N.Y.S.2d 746, 1997 N.Y. App. Div. LEXIS 7233

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 3, 1997

StatusPublished

Cited by4 cases

This text of 241 A.D.2d 586 (Alamin v. New York State Department of Correctional Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alamin v. New York State Department of Correctional Services, 241 A.D.2d 586, 660 N.Y.S.2d 746, 1997 N.Y. App. Div. LEXIS 7233 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a judgment of the Supreme Court (Hughes, J.), entered April 1, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition, inter alia, for failure to exhaust administrative remedies.

Petitioner commenced this CPLR article 78 proceeding seek[587]*587ing, inter alia, an order compelling respondents to comply with the smoking ban guidelines at Green Haven Correctional Facility in Dutchess County. Inasmuch as petitioner failed to avail himself of the procedures set forth in Public Health Law article 13-E before commencing this proceeding, thereby failing to exhaust his administrative remedies, we find that Supreme Court properly dismissed the petition. In any event, respondents’ noncompliance with the smoking ban does not subject them to legal proceedings or liability (see, Public Health Law § 1399-w). Additionally, to the extent permissible, petitioner’s causes of action based on tort and contract theories could be pursued only in the Court of Claims (see, Correction Law § 24).

Cardona, P. J., Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Hughes, J.), entered April 1, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition, inter alia, for failure to exhaust administrative remedies.

Petitioner commenced this CPLR article 78 proceeding seek[587]*587ing, inter alia, an order compelling respondents to comply with the smoking ban guidelines at Green Haven Correctional Facility in Dutchess County. Inasmuch as petitioner failed to avail himself of the procedures set forth in Public Health Law article 13-E before commencing this proceeding, thereby failing to exhaust his administrative remedies, we find that Supreme Court properly dismissed the petition. In any event, respondents’ noncompliance with the smoking ban does not subject them to legal proceedings or liability (see, Public Health Law § 1399-w). Additionally, to the extent permissible, petitioner’s causes of action based on tort and contract theories could be pursued only in the Court of Claims (see, Correction Law § 24).

Cardona, P. J., Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

241 A.D.2d 586, 660 N.Y.S.2d 746, 1997 N.Y. App. Div. LEXIS 7233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alamin-v-new-york-state-department-of-correctional-services-nyappdiv-1997.

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