Opinion
April 30, 1998
Petitioner was found guilty of violating the prison disciplinary rules that prohibit inmates from engaging in violent conduct and creating a disturbance. Petitioner's challenge to that determination in the context of this CPLR article 78 proceeding is, however, precluded by his failure to exhaust the available administrative remedies, there being no record that petitioner ever filed an administrative appeal ( see, 7 NYCRR 5.52; see also, Matter of Epps v. Broaddus, 236 A.D.2d 725; Matter of Pickett v. Long, 229 A.D.2d 802).
Mikoll, J.P., Yesawich Jr., Spain, Carpinello and Graffeo, JJ., concur.
Adjudged that the petition is dismissed, without costs.