Matter of Oyague v. Clinton Correctional Facility

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered March 31, 2015 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating certain prison disciplinary rules. Respondent moved pursuant to CPLR 3211 (a) to dismiss the petition on the ground that petitioner failed to exhaust his administrative remedies. Petitioner opposed the motion by claiming that he submitted an administrative appeal and never…