Jones v. Coughlin

Appellate Division of the Supreme Court of New York

Jones v. Coughlin

198 A.D.2d 676, 605 N.Y.S.2d 959, 1993 N.Y. App. Div. LEXIS 10761

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 676 (Jones v. Coughlin) 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

Jones v. Coughlin, 198 A.D.2d 676, 605 N.Y.S.2d 959, 1993 N.Y. App. Div. LEXIS 10761 (N.Y. Ct. App. 1993).

Pincite

Opinion

Appeal from a judgment of the Supreme Court (Ellison, J.), entered July 8, 1992 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion [677]*677to dismiss the petition for failure to exhaust administrative remedies.

Upon administrative appeal, respondent Commissioner of Correctional Services properly annulled the initial finding of the Hearing Officer, that petitioner was guilty of violating a prison disciplinary rule, and remitted the matter for a rehearing after finding that petitioner had been improperly denied a witness. Further, upon remittal petitioner chose not to call any witnesses and pleaded guilty. In any event, petitioner has not administratively appealed the second determination and has therefore failed to exhaust his administrative remedies.

Crew III, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Ellison, J.), entered July 8, 1992 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion [677]*677to dismiss the petition for failure to exhaust administrative remedies.

Upon administrative appeal, respondent Commissioner of Correctional Services properly annulled the initial finding of the Hearing Officer, that petitioner was guilty of violating a prison disciplinary rule, and remitted the matter for a rehearing after finding that petitioner had been improperly denied a witness. Further, upon remittal petitioner chose not to call any witnesses and pleaded guilty. In any event, petitioner has not administratively appealed the second determination and has therefore failed to exhaust his administrative remedies.

Crew III, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

198 A.D.2d 676, 605 N.Y.S.2d 959, 1993 N.Y. App. Div. LEXIS 10761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-coughlin-nyappdiv-1993.