Fulton v. Futia

Appeal from a judgment of the Supreme Court (Teresi, J.), entered May 27, 2009 in Greene County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Petitioner, acting pro se, prepared the order to show cause commencing this CPLR article 78 proceeding seeking to challenge a prison disciplinary determination. Supreme Court dismissed the petition on the ground that petitioner failed to exhaust his administrative remedies. Petitioner now appeals.

We affirm. Inasmuch as petitioner failed to demonstrate that he pursued an administrative appeal, Supreme Court properly…