Matter of Mascorro v. Annucci

Appeal from a judgment of the Supreme Court (Lynch, J.), entered January 29, 2014 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner is serving an aggregate prison term of 16 to 32 years upon his conviction of various crimes, including rape in the first degree. Petitioner commenced this CPLR article 78 proceeding challenging his removal from the Sex Offender Counseling and Treatment Program. Respondent moved to dismiss the petition for failure to exhaust administrative remedies. Supreme Court granted…