Kelly v. Selsky

Appeal from a judgment of the Supreme Court (Egan, J.), entered August 23, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to exhaust administrative remedies.

Petitioner, a prison inmate, was found guilty of assaulting another inmate, engaging in violent conduct and creating a disturbance. Petitioner thereafter administratively appealed the determination of guilt. While his administrative appeal was still pending, petitioner initiated this CPLR article 78 proceeding seeking judicial review of the…