Opinion
October 29, 1992
Appeal from the Supreme Court, Sullivan County (Torraca, J.).
Petitioner's admitted failure to exhaust his administrative remedies with respect to his claims concerning medical treatment or to indicate that pursuit of such remedies would have been futile requires dismissal of his petition without prejudice to petitioner availing himself of the administrative remedies available to him (see, Matter of Roberts v Coughlin, 165 A.D.2d 964; Matter of Harris v Coughlin, 157 A.D.2d 997).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.