Dagnone v. Goord

Appeal from a judgment of the Supreme Court (Castellino, J.), entered January 7, 2002 in Chemung County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to exhaust administrative remedies.

On July 13, 2001, petitioner was found guilty of violating the prison disciplinary rules prohibiting making false statements, attempting to escape and being out of place. This determination was reversed on administrative appeal on August 20, 2001, and the matter was remitted for a new hearing because the tape recording of the original hearing was incomplete due to…