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IN THE MATTER OF RAMOS v. NEW YORK CITY DEPT. OF CORRECTION

30 A.D.3d 1136 (2006)

815 N.Y.S.2d 461

In the Matter of JOHNNY RAMOS, Petitioner, v. NEW YORK CITY DEPARTMENT OF CORRECTION, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 6, 2006.

Petitioner failed to exhaust his administrative remedies. He asserts he filed an administrative appeal from the disciplinary determination, but it was not decided. Even if the administrative determination had been ripe for challenge, a CPLR article 78 proceeding must be commenced within four months after the determination becomes final and binding (CPLR 217[1]; Matter of Yarbough v Franco, 95 N.Y.2d 342...

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