New York State Correctional Officers & Police Benevolent Ass'n v. State

Appeal from a judgment of the Supreme Court (Cobb, J.), entered October 11, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to exhaust administrative remedies.

Petitioners Daniel Barrier, Kenneth Besaw, Daniel Bushey, Samuel Marotta and Danny Weaver (hereinafter the individ*846ual petitioners) are correction officers working in the special housing unit (hereinafter SHU) at Clinton Correctional Facility in Clinton County. Occasionally, some inmates confined to the SHU throw urine, blood, feces and other bodily fluids at the correction…