Ordered that the judgment as amended is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.
Because the petitioner did not exhaust his administrative remedies before instituting this proceeding, the judgment as amended must be reversed and the proceeding must be dismissed (see, CPLR 7801 [1]; Young Men's Christian Assn. v Rochester Pure Water Dist.,
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