Matter of Jones v. Fischer

Appeal from a judgment of the Supreme Court (Ferreira, J.), entered April 23, 2014 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating various prison disciplinary rules, claiming that he was denied the right to call witnesses. Respondents moved to dismiss the petition based upon petitioner’s failure to exhaust his administrative remedies in that he did not raise that issue in his administrative appeal. Supreme…