Hall v. Woodburne Correctional Facility Medical Department

Appellate Division of the Supreme Court of New York

Hall v. Woodburne Correctional Facility Medical Department

186 A.D.2d 965, 589 N.Y.S.2d 216, 1992 N.Y. App. Div. LEXIS 12379

Appellate Division of the Supreme Court of the State of New York·Decided October 29, 1992·Published·Cited by 2 cases

Opinion

—Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 20, 1992 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review the adequacy of his medical care while incarcerated.

Petitioner’s admitted failure to exhaust his administrative remedies with respect to his claims concerning medical treatment or to indicate that pursuit of such remedies would have been futile requires dismissal of his petition without prejudice to petitioner availing himself of the administrative remedies available to him (see, Matter of Roberts v Coughlin, 165 AD2d 964; Matter of Harris v Coughlin, 157 AD2d 997).

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

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—Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 20, 1992 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review the adequacy of his medical care while incarcerated.

Petitioner’s admitted failure to exhaust his administrative remedies with respect to his claims concerning medical treatment or to indicate that pursuit of such remedies would have been futile requires dismissal of his petition without prejudice to petitioner availing himself of the administrative remedies available to him (see, Matter of Roberts v Coughlin, 165 AD2d 964; Matter of Harris v Coughlin, 157 AD2d 997).

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

Hall v. Woodburne Correctional Facility Medical Department, 186 A.D.2d 965, 589 N.Y.S.2d 216, 1992 N.Y. App. Div. LEXIS 12379 (N.Y. Ct. App. 1992).

Pincite

186 A.D.2d 965 (Hall v. Woodburne Correctional Facility Medical Department) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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