Opinion
2002-06472
Argued September 8, 2003.
October 6, 2003.
In an action, inter alia, for a judgment declaring that the plaintiffs have a valid, nonconforming use of a certain parcel of land for mining of natural aggregate materials, including quarrying, the plaintiffs appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Dutchess County (Dillon, J.), dated June 12, 2002, as granted the defendant's motion to dismiss the complaint for failure to exhaust administrative remedies.
Wichler Gobetz, P.C., Suffern, N.Y. (Kenneth C. Gobetz of counsel), for appellants.
Daniels and Porco, LLP, Pawling, N.Y. (Michael G. Hayes of counsel), for respondent.
Zarin Steinmetz, White Plains, N.Y. (Michael D. Zarin and Mark R. Rielly of counsel), for Oblong Valley Association, amicus curiae.
Before: NANCY E. SMITH, J.P., SANDRA L. TOWNES, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the plaintiffs' failure to exhaust their administrative remedies or to establish that the pursuit of such remedies would have been futile required dismissal of the complaint ( see Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52; Town of Islip v. Zalak, 165 A.D.2d 83, 94-97; cf. 360 Jericho Turnpike Assocs. v. Incorporated Vil. of Mineola, 261 A.D.2d 468).
SMITH, J.P., TOWNES, COZIER and MASTRO, JJ., concur.