Legal Opinion

Green v. State of New York Department of Correctional Services

New York Supreme Court

Decided February 9, 2006Published

1Opinion of the Court

*993OPINION OF THE COURT

Dan Lamont, J.

Petitioner Kai-Shek Green, an inmate at Coxsackie Correctional Facility, brings this CPLR article 78 proceeding to review respondents’ multiple determinations finding him ineligible for a merit time allowance. Respondents have previously filed a motion to dismiss — which this court denied by decision/ order dated October 18, 2005. Respondents have now filed an answer, including an objection in point of law, to wit: that petitioner has failed to exhaust his administrative remedies. Petitioner has filed a reply by letter (undated) mailed on November 30, 2005.

Bac…

2Cases cited4 opinions

  1. Yong-Myun Rho v. AmbachNew York Court of Appeals · 1989
  2. People v. MunozAppellate Division of the Supreme Court of the State of New York · 1994
  3. Scarola v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  4. La Rocco v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

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