Smith v. Department of Corrections & Community Supervision

Appeal from a judgment of the Supreme Court (Young, J.), entered May 6, 2015 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging a determination that removed him from a sex offender treatment program due to poor program performance. Respondent moved to dismiss the petition for failure to exhaust administrative remedies. Supreme Court granted the motion and this appeal ensued.

Petitioner was required to file a grievance addressing his removal from the treatment…