Matter of Lichtman v. St. Div. of Cemeteries

Full title: In the Matter of MICHAEL LICHTMAN, Appellant, v. NEW YORK STATE DIVISION…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1996

226 A.D.2d 641 (N.Y. App. Div. 1996)

641 N.Y.S.2d 561

Opinion

April 22, 1996

Appeal from the Supreme Court, Queens County (Rutledge, J.).

Ordered that the order and judgment is affirmed, with costs.

"The filing and determination of a protest to the Cemetery Board shall be a prerequisite to obtaining judicial review of any order or determination made by the director" ( see, 19 NYCRR 200.2 [e]). Here, the petitioner failed to file a protest with the Board prior to seeking judicial review, and therefore, the petitioner is unable to obtain judicial review of the determination ( see, 19 NYCRR 200.2 [c], [e]). Miller, J.P., Hart, Friedmann and Florio, JJ., concur.