Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging respondent's determination finding that petitioner was not eligible for merit time allowance (see, Correction Law § 803 [3]) due to his "refusal to participate in programs/treatment recommended by department staff". Supreme Court dismissed the petition on the ground that petitioner failed to exhaust his administrative remedies in that he did not file a grievance with respect to...
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