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Matter of Rodriguez v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 876 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Lawton, J.P., Fallon, Callahan, Doerr and Davis, JJ.


Judgment unanimously affirmed without costs. Memorandum: Petitioner appeals from a judgment dismissing his petition in this CPLR article 78 proceeding seeking to annul a determination of guilt for possession of contraband following a Tier II inmate disciplinary hearing. He contends that he was deprived of his due process right to notice that the materials he possessed, paperwork concerning the "Latin Kings" gang, would be deemed contraband. Petitioner failed to file an administrative appeal raising that issue. Therefore, he has failed to exhaust his administrative remedies with respect to that issue and this Court has no discretionary power to reach it (see, Matter of Nelson v Coughlin, 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834; see also, Matter of Guyton v Coughlin [proceeding No. 1], 214 A.D.2d 1043). Were that issue properly before us, we would conclude that it lacks merit (see, Matter of Aballe v Coughlin, 216 A.D.2d 949).


Summaries of

Matter of Rodriguez v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 876 (N.Y. App. Div. 1995)
Case details for

Matter of Rodriguez v. Coughlin

Case Details

Full title:In the Matter of ANGEL RODRIGUEZ, Appellant, v. THOMAS A. COUGHLIN, III…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 29, 1995

Citations

219 A.D.2d 876 (N.Y. App. Div. 1995)
632 N.Y.S.2d 347

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