Opinion
November 15, 1989
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Callahan, Denman, Lawton and Davis, JJ.
Judgment unanimously reversed on the law and matter remitted to Supreme Court, Wyoming County, for further proceedings, in accordance with the following memorandum: Petitioner contends, and the State concedes, that because conflicting affidavits were presented, it was error for the trial court to dismiss the petition based on petitioner's alleged failure to exhaust administrative remedies. This matter is therefore remitted to Trial Term for a hearing on this issue.