Chacon v. Coughlin

Appeal from a judgment of the Supreme Court (Monserrate, J.), entered November 27, 1991 in Che-mung County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to exhaust administrative remedies.

Even were we to assume that petitioner is correct in arguing that he did not receive notification of the denial of his appeal of his designation as a central monitoring case within 15 days pursuant to 7 NYCRR 1000.5 (b), it is clear that petitioner did receive a copy of the decision at the time of respondents’ answer. Respondents concede that the administrative…