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MATTER OF SMITH v. DEPARTMENT OF CORR. & COMMUNITY SUPERVISION

522122.

142 A.D.3d 1212 (2016)

37 N.Y.S.3d 457

In the Matter of KEN SMITH, Appellant, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 15, 2016.

Petitioner commenced this CPLR article 78 proceeding challenging a determination that removed him from a sex offender treatment program due to poor program performance. Respondent moved to dismiss the petition for failure to exhaust administrative remedies. Supreme Court granted the motion and this appeal ensued.

Petitioner was required to file a grievance addressing his removal from the treatment program (see Matter of Mascorro v Annucci,

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