Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating certain prison disciplinary rules. Respondent moved pursuant to CPLR 3211 (a) to dismiss the petition on the ground that petitioner failed to exhaust his administrative remedies. Petitioner opposed the motion by claiming that he submitted an administrative appeal and never received a response. Supreme Court granted the motion and dismissed the petition. Petitioner...
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