PRESENT: HONORABLE MARK H. DADD

Acting Supreme Court Justice

STATE OF NEW YORK

SUPREME COURT : COUNTY OF WYOMING

________________________________________

In the Matter of the Application of

ABDEL-JABBOR MALIK, #79-A-4016,Petitioner

O R D E R

v.

Index No. 19,058

GLENN S. GOORD, Commissioner,

Department of Correctional Services, Respondent

FOR RELIEF PURSUANT TO ARTICLE 78 CPLR

________________________________________

For the Petitioner

WYOMING COUNTY-ATTICA LEGAL

AID BUREAU, INC.

Norman P. Effman, Director

For the Respondents

ELIOT SPITZER, Attorney General

by Michael A. Siragusa

Assistant Attorney General

By petition pursuant to Article 78 of the CPLR dated May 23, 2000, Abdel-Jabbor Malik seeks review of visiting room policies at the Attica Correctional Facility. Petitioner appeared by counsel assigned by an order to show cause dated July 17, 2000. Respondent has moved to dismiss the petition, upon the ground that the petitioner has failed to exhaust his administrative remedies in this matter, by notice of motion dated Augus 18, 2000, supported by the affirmation of Michael A. Siragusa, Assistant Attorney General, dated August&nbsp18, 2000. Respondent has also submitted the September 13, 2000 letter from the Assistant Attorney General in response to the petitioner's arguments.

It appears that the petitioner did not appeal the denial of the grievance he filed in this matter. Thus, the petition must be dismissed, without prejudice, because he has failed to exhaust his administrative remedies (see Matter of Patterson v. Smith, 53 N.Y.2d 98 [1981]; Matter of Harrison v. Leonardo, 183 A.D.2d 983 [1992]; Matter of Hall v. Woodburne Correctional Facility Medical Department, 186 A.D.2d 965 [1992], motion for leave to appeal denied 81 N.Y.2d 703).

NOW, THEREFORE, it is hereby

ORDERED that the petition, including all claims for preliminary relief, is dismissed.

DATED: September 19, 2000

Warsaw, New York



Acting Supreme Court Justice