Opinion
90116
April 11, 2002.
Appeal from a judgment of the Supreme Court (Malone Jr., J.), entered January 29, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to exhaust administrative remedies.
Corey Lashley, Romulus, appellant pro se.
Eliot Spitzer, Attorney-General, Albany (Nancy A. Spiegel of counsel), for respondent.
Before: Mercure, J.P., Crew III, Peters, Spain and Lahtinen, JJ.
MEMORANDUM AND ORDER
Petitioner initiated this CPLR article 78 proceeding challenging the denial of an inmate grievance wherein petitioner had alleged that he was transferred to Franklin Correctional Facility in Franklin County in retaliation for his filing of other grievances while he was incarcerated at Great Meadow Correctional Facility in Washington County. The Attorney-General has advised this Court by letter that respondent seeks to withdraw his objection in point of law that petitioner failed to exhaust his administrative remedies. The Attorney-General asks this Court to vacate Supreme Court's judgment and remand the matter to that court for further proceedings. Upon our review of the record and the Attorney-General's request to withdraw respondent's objection, we deem it appropriate to remit this matter to Supreme Court for a determination on the merits (see, Matter of Burr v. Goord, 290 A.D.2d 611, 735 N.Y.S.2d 823;Matter of Butler v. Goord, 262 A.D.2d 694, 695).
Mercure, J.P., Crew III, Peters and Lahtinen, JJ., concur.
ORDERED that the judgment is reversed, on the law, without costs, and matter remitted to the Supreme Court for further proceedings not inconsistent with this Court's decision.