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In the Matter of David Dudas v. Brian Fischer

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

IN THE MATTER OF DAVID DUDAS, PETITIONER-APPELLANT,
v.
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, 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.

1598

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, AND CARNI, JJ.

MEMORANDUM AND ORDER

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).

Patricia L. Morgan Clerk of the Court

20091230

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