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MATTER OF SUAREZ v. FILION

281 A.D.2d 743 (2001)

721 N.Y.S.2d 297

In the Matter of FRANCISCO SUAREZ, Appellant, v. GARY FILION, as Superintendent of Marcy Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 8, 2001.

Petitioner commenced this proceeding in November 1999 seeking to challenge the denial of a grievance he had filed relative to his eligibility to participate in the merit time program. He also sought to challenge a 1996 determination following a tier II hearing finding him guilty of violating a prison disciplinary rule. By judgment entered February 14, 2000, Supreme Court dismissed the petition for failure to exhaust administrative...

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