Symmonds v. Leonardo

Appeal from a judgment of the Supreme Court (Berke, J.), entered June 19, 1987 in Washington County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to exhaust administrative remedies.

In January 1987, petitioner, an inmate at Washington Correctional Facility, filed a formal grievance complaining that there were no signs posted at the facility outlining inmate behavior and prohibitions in both English and Spanish as required by Correction Law § 138 (1). Following a hearing on the grievance, the Inmate Grievance Resolution'…