Petitioner commenced this CPLR article 78 proceeding raising objections to a disciplinary hearing that resulted in his confinement in the special housing unit. Respondent moved to dismiss the petition based on petitioner's failure to exhaust his administrative remedies. Supreme Court granted the motion and this appeal ensued.
Petitioner prematurely commenced this proceeding while his administrative appeal was still pending. Notwithstanding petitioner's contention...
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