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IN THE MATTER OF BRYAN WOODALL, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Ser

MEMORANDUM AND ORDER

Petitioner, a transgendered individual, commenced this CPLR article 78 proceeding seeking review of a determination denying a request for female garments. Supreme Court dismissed the proceeding and denied a subsequent motion for reconsideration. These appeals ensued.

Although a review of the record reveals that petitioner submitted numerous letters written to various correction facility personnel regarding the denial of the grievance, the letters of complaint are insufficient to establish that petitioner complied with the grievance procedure process (see Matter of Boddie v. Goord, 307 A.D.2d 555,appeal dismissed, lv denied 1 N.Y.3d 589). In addition, an affidavit from the Inmate Grievance Program Supervisor confirms that no appeal from the instant grievance was received. Having failed to exhaust the administrative remedies through the available grievance procedures or establish any exceptions thereto (see 7 NYCRR part 701), dismissal of the petition was warranted (see Matter of Allen v. Goord, 4 A.D.3d 635; Matter of Miller v. Croce, 290 A.D.2d 662; Matter of Johnson v. Ricks, 278 A.D.2d 559, lv denied 96 N.Y.2d 710). Furthermore, the denial of petitioner's subsequent motion for reconsideration will not be disturbed (see Matter of Pittman v. Portuondo, 307 A.D.2d 485; Matter of Suarez v. Filion, 281 A.D.2d 743, 744).

Cardona P.J., Crew III, Peters, Mugglin and Kane, JJ., concur.

ORDERED that the judgments are affirmed, without costs.

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IN MATTER WOODALL v. GOORD
(Apr 29, 2004)