Bonilla v. Grenis

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Benson, J.), entered March 29, 1990 in Dutchess County, which, in a proceeding pursuant to CPLR article 78, adhered upon reargument to its prior decision dismissing the petition for failure to exhaust administrative remedies.

Petitioner, an inmate at Fishkill Correctional Facility in Dutchess County, applied for temporary release on October 27, 1989. He was ruled ineligible pursuant to 7 NYCRR 1900.4 (c) (4) (ii) (a), which bars an inmate from participation in…