Appellate Division of the Supreme Court of New York, 1994

Patterson v. New York State Commissioner of Correction

Patterson v. New York State Commissioner of Correction
Appellate Division of the Supreme Court of New York · Decided January 13, 1994
200 A.D.2d 846; 608 N.Y.S.2d 884; 1994 N.Y. App. Div. LEXIS 220
Patterson v. New York State Commissioner of Correction

Opinion of the Court

—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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