Rodriguez v. Coughlin

Judgment unanimously affirmed without costs. Memorandum: Petitioner appeals from a judgment dismissing his petition in this CPLR article 78 proceeding seeking to annul a determination of guilt for possession of contraband following a Tier II inmate disciplinary hearing. He contends that he was deprived of his due process right to notice that the materials he possessed, paperwork concerning the "Latin Kings” gang, would be deemed contraband. Petitioner failed to file an administrative appeal raising that issue. Therefore, he has failed to exhaust his administrative remedies with respect to…