Matter of Dudas v Fischer

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Matter of Dudas v Fischer 2009 NY Slip Op 09882 [68 AD3d 1772] December 30, 2009 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of David Dudas, Appellant, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.

—[*1] David Dudas, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Andrew B. Ayers of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 11, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted the motion of respondent to dismiss the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

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 Carni, JJ.