exhaustion of remedies doctrine in New York

15 New York opinions name it 3 courts 1974–2025 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

Case	Followed	Cited
Watergate II Apartments v. Buffalo Sewer Authoritygreen ny · 1978 · cited in 5 New York opinions naming this issue, 1986–2015 2 sentences 2015Thus, Clavin’s failure to include a document designated as a petition may be disregarded as an irregularity (see CPLR 2001; Andrusz v Town of Lancaster, 289 AD2d 950, 951 [2001]; Matter of City of Rensselaer v Duncan, 266 AD2d 657, 659 [1999]; Matter of Guarneri v Town of Oyster Bay, 224 AD2d 695 [1996]; Matter of Billone v Town of Huntington, 188 AD2d 526, 527-528 [1992]). 614 Contrary to the appellants’ further contention, the Supreme Court properly determined that the exhaustion of remedies doctrine did not bar judicial review of Clavin’s claims, since he established that resort to an admi 2011*While a proper showing of futility may justify making an exception to the exhaustion of remedies requirement (see Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57 [1978]), it is not established here.	3	5
1957 Palmer Avenue, Inc. v. McLaughlingreen nyappdiv · 1980 · cited in 2 New York opinions naming this issue, 2025–2025 2 sentences 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]). 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]).	2	2
Empire State Building Co. v. New York State Department of Taxation & Financegreen nysupct · 1990 · cited in 2 New York opinions naming this issue, 2025–2025 2 sentences 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]). 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]).	2	2
Cady v. Clarkgreen nyappdiv · 1991 · cited in 2 New York opinions naming this issue, 2025–2025 2 sentences 2025Accordingly, the doctrine of exhaustion of remedies does not bar Article 78 review of administrative action where "the issue raised involves a pure question of law" ( Cady v. Clark, 176 AD2d 1055, 1056 [3d Dept. 1991]); "the issue . . . is one of pure statutory analysis . . . and can be decided as a matter of law" ( Empire State Bldg. 2025Accordingly, the doctrine of exhaustion of remedies does not bar Article 78 review of administrative action where "the issue raised involves a pure question of law" ( Cady v. Clark, 176 AD2d 1055, 1056 [3d Dept. 1991]); "the issue . . . is one of pure statutory analysis . . . and can be decided as a matter of law" ( Empire State Bldg.	2	2
Love v. Grand Temple Daughtersgreen nyappdiv · 1971 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015Thus, Clavin’s failure to include a document designated as a petition may be disregarded as an irregularity (see CPLR 2001; Andrusz v Town of Lancaster, 289 AD2d 950, 951 [2001]; Matter of City of Rensselaer v Duncan, 266 AD2d 657, 659 [1999]; Matter of Guarneri v Town of Oyster Bay, 224 AD2d 695 [1996]; Matter of Billone v Town of Huntington, 188 AD2d 526, 527-528 [1992]). *614 Contrary to the appellants’ further contention, the Supreme Court properly determined that the exhaustion of remedies doctrine did not bar judicial review of Clavin’s claims, since he established that resort to an admi	1	1
Manor v. Commissioner of Healthgreen nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015Thus, Clavin’s failure to include a document designated as a petition may be disregarded as an irregularity (see CPLR 2001; Andrusz v Town of Lancaster, 289 AD2d 950, 951 [2001]; Matter of City of Rensselaer v Duncan, 266 AD2d 657, 659 [1999]; Matter of Guarneri v Town of Oyster Bay, 224 AD2d 695 [1996]; Matter of Billone v Town of Huntington, 188 AD2d 526, 527-528 [1992]). *614 Contrary to the appellants’ further contention, the Supreme Court properly determined that the exhaustion of remedies doctrine did not bar judicial review of Clavin’s claims, since he established that resort to an admi	1	1
Billone v. Huntingtongreen nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015Thus, Clavin’s failure to include a document designated as a petition may be disregarded as an irregularity (see CPLR 2001; Andrusz v Town of Lancaster, 289 AD2d 950, 951 [2001]; Matter of City of Rensselaer v Duncan, 266 AD2d 657, 659 [1999]; Matter of Guarneri v Town of Oyster Bay, 224 AD2d 695 [1996]; Matter of Billone v Town of Huntington, 188 AD2d 526, 527-528 [1992]). *614 Contrary to the appellants’ further contention, the Supreme Court properly determined that the exhaustion of remedies doctrine did not bar judicial review of Clavin’s claims, since he established that resort to an admi	1	1
City of Rensselaer v. Duncangreen nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015Thus, Clavin’s failure to include a document designated as a petition may be disregarded as an irregularity (see CPLR 2001; Andrusz v Town of Lancaster, 289 AD2d 950, 951 [2001]; Matter of City of Rensselaer v Duncan, 266 AD2d 657, 659 [1999]; Matter of Guarneri v Town of Oyster Bay, 224 AD2d 695 [1996]; Matter of Billone v Town of Huntington, 188 AD2d 526, 527-528 [1992]). *614 Contrary to the appellants’ further contention, the Supreme Court properly determined that the exhaustion of remedies doctrine did not bar judicial review of Clavin’s claims, since he established that resort to an admi	1	1
Andrusz v. Town of Lancastergreen nyappdiv · 2001 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015Thus, Clavin’s failure to include a document designated as a petition may be disregarded as an irregularity (see CPLR 2001; Andrusz v Town of Lancaster, 289 AD2d 950, 951 [2001]; Matter of City of Rensselaer v Duncan, 266 AD2d 657, 659 [1999]; Matter of Guarneri v Town of Oyster Bay, 224 AD2d 695 [1996]; Matter of Billone v Town of Huntington, 188 AD2d 526, 527-528 [1992]). *614 Contrary to the appellants’ further contention, the Supreme Court properly determined that the exhaustion of remedies doctrine did not bar judicial review of Clavin’s claims, since he established that resort to an admi	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Dobbs Ferry Hospital Ass'n v. Whalen green nyappdiv · 1978 2 sentences 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]). 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]).	2	2025–2025
Empire State Building Co. v. New York State Department of Taxation & Finance green nyappdiv · 1992 2 sentences 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]). 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]).	2	2025–2025
Empire State Building Co. v. New York State Department of Taxation & Finance green ny · 1993 2 sentences 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]). 2025Co. v. NYS Department of Taxation and Finance, 150 Misc 2d 747, 749 [Sup. Ct. NY Co. 1990], aff'd 185 AD2d 201 [1st Dept. 1992], aff'd 81 NY2d 1002 [1993]); "the [administrative] decision rested on a misinterpretation of a statute" ( Wilson v. Macchiarola, 79 AD2d 638, 640 [2d Dept. 1980]; or "the reason given for respondent's action in denying approval . . . was patently erroneous as a matter of law" ( Dobbs Ferry Hospital Ass'n v. Whalen, 62 AD2d 999 [2d Dept. 1978]).	2	2025–2025
Mulgrew v. Board of Education green nyappdiv · 2011 1 sentence 2020We find that JPO did not make a proper showing of futility to justify making an exception to the exhaustion of remedies requirement ( see generally Mulgrew v Board of Educ. of the City School Dist. of the City of N.Y. , 88 AD3d 72, 81 [1st Dept 2011]).	1	2020–2020
Hudson River Valley, LLC v. Empire Zone Designation Board green nyappdiv · 2014 1 sentence 2017Val., LLC v Empire Zone Designation Bd., 115 AD3d 1035 , 1037 [2014] [citations omitted]).	1	2017–2017
Guarneri v. Town of Oyster Bay green nyappdiv · 1996 1 sentence 2015Thus, Clavin’s failure to include a document designated as a petition may be disregarded as an irregularity (see CPLR 2001; Andrusz v Town of Lancaster, 289 AD2d 950, 951 [2001]; Matter of City of Rensselaer v Duncan, 266 AD2d 657, 659 [1999]; Matter of Guarneri v Town of Oyster Bay, 224 AD2d 695 [1996]; Matter of Billone v Town of Huntington, 188 AD2d 526, 527-528 [1992]). *614 Contrary to the appellants’ further contention, the Supreme Court properly determined that the exhaustion of remedies doctrine did not bar judicial review of Clavin’s claims, since he established that resort to an admi	1	2015–2015
F.B. Electric Corp. v. Town of Ramapo neutral nyappdiv · 2000 1 sentence 2005Matter of Grande v Nassau County, 275 AD2d 457 [2000]).	1	2005–2005
Lehigh Portland Cement Co. v. New York State Department of Environmental Conservation green ny · 1995 1 sentence 1997Conservation, supra) — and we decline to dismiss the proceeding on this procedural ground.	1	1997–1997
Aldrich v. Pattison green nyappdiv · 1985 1 sentence 1994Applying the doctrine of exhaustion of remedies, courts have refused to review a determination on environmental matters based upon evidence or arguments not presented during the proceedings before the lead agency (see, Aldrich v Pattison, 107 AD2d 258, 267 ).	1	1994–1994
Jones v. McCoy neutral nyappdiv · 1974 1 sentence 1992Hosp., 159 AD2d 922 , Iv dismissed 76 NY2d 888 ; Morgan v New York Racing Assn., 72 AD2d 740 ; Matter of Jones v McCoy, 44 AD2d 742 , affd 37 NY2d 932 ).	1	1992–1992
Morgan v. New York Racing Ass'n green nyappdiv · 1979 1 sentence 1992Hosp., 159 AD2d 922 , Iv dismissed 76 NY2d 888 ; Morgan v New York Racing Assn., 72 AD2d 740 ; Matter of Jones v McCoy, 44 AD2d 742 , affd 37 NY2d 932 ).	1	1992–1992
Mostafa v. Aurelia Osborne Fox Memorial Hospital neutral nyappdiv · 1990 1 sentence 1992Hosp., 159 AD2d 922 , Iv dismissed 76 NY2d 888 ; Morgan v New York Racing Assn., 72 AD2d 740 ; Matter of Jones v McCoy, 44 AD2d 742 , affd 37 NY2d 932 ).	1	1992–1992
MATTER OF JONES v. McCoy neutral ny · 1975 1 sentence 1992Hosp., 159 AD2d 922 , Iv dismissed 76 NY2d 888 ; Morgan v New York Racing Assn., 72 AD2d 740 ; Matter of Jones v McCoy, 44 AD2d 742 , affd 37 NY2d 932 ).	1	1992–1992
Prey v. County of Cattaraugus green nyappdiv · 1981 1 sentence 1984(Matter of Prey v County of Cattaraugus, 79 AD2d 205 .) It is the opinion of this court that the article 78 proceeding is valid, other remedies being futile and inappropriate.	1	1984–1984
Slater v. Gallman green ny · 1975 1 sentence 1982Since the declaratory judgment action here does not directly challenge the tax assessed against the plaintiff, but instead asks for a judicial interpretation of section 1115 (subd [b], par [i]) of the Tax Law, it fits within the exceptions to the exhaustion of remedies requirement enunciated in Slater v Gallman (supra).	1	1982–1982
Amigone v. State Liquor Authority neutral nysupct · 1965 1 sentence 1974Auth., 47 Misc 2d 809 ).	1	1974–1974

Where else courts name it

IL 88 (1969–2025) TX 74 (1986–2025) CA 53 (1960–2025) AZ 30 (1975–2022) NJ 29 (1958–2026) NY 15 (1974–2025) IN 14 (1981–2026) PA 13 (1980–2019) WI 11 (1966–2026) WA 11 (1953–2015) CT 11 (1990–2008) AL 10 (1983–2015) AK 9 (1982–2024) OH 8 (1986–2025) TN 8 (1992–2025) RI 8 (1983–2010) MO 8 (1995–2025) CO 7 (1981–2017) OK 7 (1990–2021) ND 7 (1991–2024) NM 6 (1963–2015) UT 6 (1992–2011) DC 5 (1975–2006) MI 5 (1983–1997) MD 4 (1983–2005) KY 4 (2001–2014) OR 4 (1993–2013) AR 4 (1991–2000) WV 3 (1992–2000) SD 3 (1977–2000) GA 3 (2005–2013) IA 3 (1997–2026) MN 2 (1984–2015) FL 2 (2008–2012) MT 2 (1987–2022) KS 2 (2011–2011) LA 2 (1993–2004) HI 2 (2007–2012) NE 2 (2009–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check