Lugo v. Goord

—Appeal from a judgment of the Supreme Court (Bradley, J.), entered September 13, 2002 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 chai*718lenging a determination finding him guilty of violating certain prison disciplinary rules. In lieu of serving an answer, respondent moved to dismiss the petition on the ground that petitioner failed to preserve the claims raised in the petition by not addressing them on administrative appeal. Supreme Court granted the motion and…