Opinion
August 22, 1991
Appeal from the Supreme Court, Ulster County (Torraca, J.).
We agree with Supreme Court's conclusion that petitioner failed to exhaust his administrative remedies with respect to his claims about medical treatment and his requests for the return of computer disks allegedly taken from him. He failed to pursue the appropriate grievance procedures (see, Correction Law § 139; Matter of Harris v Coughlin, 157 A.D.2d 997) and, insofar as the record fails to indicate that petitioner's claims have been predetermined, he has failed to show that pursuit of administrative remedies would have been futile (see, Matter of Symmonds v Leonardo, 138 A.D.2d 810). Petitioner's remaining arguments have been considered and found to be lacking in merit.
Casey, J.P., Weiss, Yesawich Jr., Mercure and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.