In a CPLR article 78 proceeding to review a determination of the Superintendent of the Green Haven Correctional Facility penalizing petitioner for an assault on another inmate, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Palella, J.), dated April 21, 1983, which dismissed the petition. ¶ Judgment affirmed, without costs or disbursements. ¶ Administrative review of the Superintendent's determination by the New York State Commissioner of Correctional Services was available (see 7 NYCRR 254.8). Petitioner not having exhausted his administrative remedies, the petition was properly dismissed by Special Term (see Matter of Patterson v. Smith, 53 N.Y.2d 98; Matter of Hall v. LeFevre, 84 A.D.2d 622, mot for lv to app den 55 N.Y.2d 603; Matter of Buxton v. Winch, 78 A.D.2d 758, mot for lv to app den 53 N.Y.2d 601). Mollen, P.J., Titone, Mangano and Lawrence, JJ., concur.