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