Alamin v. New York State Department of Correctional Services

—Appeal from a judgment of the Supreme Court (Canfield, J.), entered November 27, 1996 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to exhaust administrative remedies.

Petitioner was found guilty of disobeying a direct order and failing to comply with a hearing disposition in violation of prison disciplinary rules. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding seeking, inter alia, annulment of the determination on the basis that the misbehavior report was issued in retaliation…