Summary
In Matter of Alamin v New York State Dept. of Correctional Servs. (241 AD2d 586, 587 [3d Dept 1997]), the court explained that "noncompliance with the smoking ban does not subject [defendant] to legal proceedings or liability (see, Public Health Law § 1399-w)."
Summary of this case from Word v. StateOpinion
July 3, 1997
Appeal from the Supreme Court (Hughes, J.).
Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, an order compelling respondents to comply with the smoking ban guidelines at Green Haven Correctional Facility in Dutchess County. Inasmuch as petitioner failed to avail himself of the procedures set forth in Public Health Law article 13-E before commencing this proceeding, thereby failing to exhaust his administrative remedies, we find that Supreme Court properly dismissed the petition. In any event, respondents' noncompliance with the smoking ban does not subject them to legal proceedings or liability (see, Public Health Law § 1399-w). Additionally, to the extent permissible, petitioner's causes of action based on tort and contract theories could be pursued only in the Court of Claims (see, Correction Law § 24).
Cardona, P. J., Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur.
Ordered that the judgment is affirmed, without costs.