Matter of Jackson v. Admin. of Bare Hill Corr. Facility, 139 A.D.3d 1191 (N.Y. App. Div. 2016). · Go Syfert
Matter of Jackson v. Admin. of Bare Hill Corr. Facility, 139 A.D.3d 1191 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Strong v. Martuscello
N.Y. App. Div. · 2024 · confidence medium
Facility , 139 AD3d 1191, 1192 [3d Dept 2016]).
cited Cited as authority (rule) Matter of Walker v. Yelich
N.Y. App. Div. · 2019 · confidence medium
Facility , 139 AD3d 1191, 1192 [2016]).
cited Cited as authority (rule) Matter of Green v. Kirkpatrick
N.Y. App. Div. · 2018 · confidence medium
Facility , 139 AD3d 1191, 1192 [2016]; Matter of Fulton v Reynolds , 83 AD3d 1308, 1308-1309 [2011].
discussed Cited as authority (rule) Matter of Jimenez v. New York State Dept. of Corr. & Community Supervision
N.Y. App. Div. · 2018 · confidence medium
Facility , 139 AD3d 1191, 1192 [2016]), and noticeably absent from such grievance is any mention of the arguments now advanced in the petition — namely, that respondent erroneously interpreted and applied the statutory and departmental provisions governing merit time allowances ( see generally Matter of Smith v Department of Corr. & Community Supervision , 142 AD3d 1212, 1212-1213 [2016]; Matter of Bookman v Fischer , 99 AD3d 1127, 1128 [2012]).
cited Cited as authority (rule) Matter of Beaubrun v. Annucci
N.Y. App. Div. · 2016 · confidence medium
Facility, 139 AD3d 1191, 1192 [2016]; Matter of Hawes v Fischer, 119 AD3d at 1305 ).
discussed Cited as authority (rule) Smith v. Department of Corrections & Community Supervision
N.Y. App. Div. · 2016 · confidence medium
As petitioner did not pursue proper grievance procedures or establish any exception thereto, Supreme Court appropriately dismissed the petition based upon petitioner’s failure to exhaust his administrative remedies (see Matter of Jackson v Administration of Bare Hill Corn Facility, 139 AD3d 1191, 1192 [2016]; Matter of Mascorro v Annucci, 123 AD3d at 1268-1269 ; Matter of Hawes v Fischer, 119 AD3d at 1306 ; Matter of Torres v Fischer, 73 AD3d 1355, 1356 [2010]; Matter of Muniz v David, 16 AD3d 939, 939-940 [2005]).
Retrieving the full opinion text from the archive…
In the Matter of Freddie Jackson, Appellant,
v.
Administration of Bare Hill Correctional Facility Et Al., Respondents
517189.
Appellate Division of the Supreme Court of the State of New York.
May 12, 2016.
139 A.D.3d 1191
McCarthy, Egan, Lynch, Clark, Aarons.
Cited by 6 opinions  |  Published

Appeal from a judgment of the Supreme Court (McDonough, J.), entered July 10, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

[*1192] Petitioner, an inmate, filed a grievance with the Inmate Grievance Resolution Committee challenging his removal from the facility mess hall work program. The Committee denied the grievance, as did the facility Superintendent on appeal. Subsequently, petitioner submitted a letter to respondent Commissioner of Corrections and Community Supervision seeking reinstatement to the mess hall program. Petitioner did not, however, appeal the denial of his grievance to the Central Office Review Committee (hereinafter CORC). He thereafter commenced this CPLR article 78 proceeding challenging the disposition of his grievance. Supreme Court granted respondents’ motion to dismiss the petition based upon petitioner’s failure to exhaust administrative remedies, and he now appeals.

We affirm. Petitioner’s removal from the program was the proper subject of the inmate grievance procedure, requiring that he follow the protocol of the administrative appeal procedure by appealing the Superintendent’s denial to CORC (see 7 NYCRR 701.3, 701.5; Matter of Fulton v Reynolds, 83 AD3d 1308, 1308-1309 [2011]). Inasmuch as petitioner failed to appeal to CORC, Supreme Court properly dismissed the petition for failure to exhaust administrative remedies (see Matter of Fulton v Reynolds, 83 AD3d at 1308-1309; Matter of Fernandez v Goord, 53 AD3d 961, 961-962 [2008]).

McCarthy, J.P., Egan Jr., Lynch, Clark and Aarons, JJ., concur.

Ordered that the judgment is affirmed, without costs.