Patterson v. New York State Commissioner of Correction

Appellate Division of the Supreme Court of New York

Patterson v. New York State Commissioner of Correction

200 A.D.2d 846, 608 N.Y.S.2d 884, 1994 N.Y. App. Div. LEXIS 220

Appellate Division of the Supreme Court of the State of New York·Decided January 13, 1994·Published

Opinion

—Appeal from a judgment of the Supreme Court (Hemmett, J.), entered March 24, 1993 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for, inter alia, failure to exhaust administrative remedies.

Supreme Court correctly concluded that petitioner failed to exhaust his administrative remedies with respect to his request to expunge allegedly incorrect information in his records. Petitioner never sought administrative correction of the alleged inaccuracies prior to commencing this proceeding although such a procedure was available to him by regulation.

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

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—Appeal from a judgment of the Supreme Court (Hemmett, J.), entered March 24, 1993 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for, inter alia, failure to exhaust administrative remedies.

Supreme Court correctly concluded that petitioner failed to exhaust his administrative remedies with respect to his request to expunge allegedly incorrect information in his records. Petitioner never sought administrative correction of the alleged inaccuracies prior to commencing this proceeding although such a procedure was available to him by regulation.

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

Patterson v. New York State Commissioner of Correction, 200 A.D.2d 846, 608 N.Y.S.2d 884, 1994 N.Y. App. Div. LEXIS 220 (N.Y. Ct. App. 1994).

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200 A.D.2d 846 (Patterson v. New York State Commissioner of Correction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.