Opinion
520765.
12-17-2015
In the Matter of Terrence SLATER, Appellant, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Terrence Slater, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.
Terrence Slater, New York City, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.
Opinion
Appeal from a judgment of the Supreme Court (Elliott, J.), entered March 9, 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 raising objections to a disciplinary hearing that resulted in his confinement in the special housing unit. Respondent moved to dismiss the petition based on petitioner's failure to exhaust his administrative remedies. Supreme Court granted the motion and this appeal ensued.
Petitioner prematurely commenced this proceeding while his administrative appeal was still pending. Notwithstanding petitioner's contention to the contrary, he “has failed ‘to establish that any of the exceptions to the exhaustion doctrine applied’ ” (Matter of Bennefield v. Annucci, 122 A.D.3d 1329, 1331, 995 N.Y.S.2d 435 2014, quoting Matter of Ross v. Ricks, 268 A.D.2d 925, 926, 700 N.Y.S.2d 873 2000 ). As such, Supreme Court properly dismissed the petition (see Matter of Tafari v. LeClaire, 79 A.D.3d 1465, 1466, 912 N.Y.S.2d 459 2010, lv. dismissed 16 N.Y.3d 826, 921 N.Y.S.2d 187, 946 N.E.2d 175 2011; Matter of Dagnone v. Goord, 298 A.D.2d 789, 790, 748 N.Y.S.2d 707 2002 ).
ORDERED that the judgment is affirmed, without costs.
McCARTHY, J.P., GARRY, LYNCH and DEVINE, JJ., concur.