Barnes v. La Vallee

Appellate Division of the Supreme Court of New York

Barnes v. La Vallee

45 A.D.2d 978, 359 N.Y.S.2d 356, 1974 N.Y. App. Div. LEXIS 4079

Appellate Division of the Supreme Court of the State of New York·Decided September 26, 1974·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered May 23, 1974 in Clinton County, which dismissed, without a hearing, petitioner’s application in a proceeding pursuant to CPLR article 78. Special Term correctly dismissed the petition on the ground that there was mo indication that petitioner had taken his grievance to the Commissioner of Correction and thus had not exhausted his possible administrative remedies (CPLR 7801, subd. 1). As did Special Term, we do not reach the merits of petitioner’s petition. Judgment affirmed, without costs. Herlihy, P. J., Cooke, Kane, Main and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the Supreme Court at Special Term, entered May 23, 1974 in Clinton County, which dismissed, without a hearing, petitioner’s application in a proceeding pursuant to CPLR article 78. Special Term correctly dismissed the petition on the ground that there was mo indication that petitioner had taken his grievance to the Commissioner of Correction and thus had not exhausted his possible administrative remedies (CPLR 7801, subd. 1). As did Special Term, we do not reach the merits of petitioner’s petition. Judgment affirmed, without costs. Herlihy, P. J., Cooke, Kane, Main and Reynolds, JJ., concur.

Barnes v. La Vallee, 45 A.D.2d 978, 359 N.Y.S.2d 356, 1974 N.Y. App. Div. LEXIS 4079 (N.Y. Ct. App. 1974).

Pincite

45 A.D.2d 978 (Barnes v. La Vallee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related