
    In the Matter of David Dudas, Appellant, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
    [890 NYS2d 850]
   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.  