Memorandum: As Supreme Court properly determined in this CPLR article 78 proceeding seeking to annul the determination that petitioner should participate in a sex offender treatment program, petitioner failed to exhaust his administrative remedies before commencing this proceeding. Thus, the court properly dismissed the petition (see Matter of Muniz v David, 16 AD3d 939, 939-940 [2005]). Present — Hurlbutt, J.P, Smith, Fahey and Garni, JJ.
Dudas v. Fischer
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2009-12-30
Citations: 68 A.D.3d 1772, 890 N.Y.2d 850
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