Miller v. Croce

Appeal from a judgment of the Supreme Court (Dowd, J.), entered April 5, 2000 in Chenango County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to exhaust administrative remedies.

While incarcerated at the Chenango County Jail, petitioner commenced this CPLR article 78 proceeding seeking to compel respondents to permit inmates to have telephone access at 8:10 a.m. in accordance with a “daily inmate schedule” maintained by the jail. According to petitioner, on January 10, 2000, at approximately 8:30 a.m., his request for telephone access to call his…