Agosto v. Goord

—Determination unanimously confirmed without costs and amended petition dismissed. Memorandum: Petitioner challenges a prison disciplinary determination finding him guilty of violating inmate rule 100.11 (7 NYCRR 270.2 [B] [1] [i] [assaulting or attempting to injure staff member]). Petitioner contends that the finding of guilt is not supported by substantial evidence. Because petitioner failed to raise that contention on his administrative appeal, he failed to exhaust his administrative remedies with respect to it, and this Court has no power to review that contention (see, Matter of Arvinger…