BMP Contracting Corp. v. City of New York Environmental Control Board

Full title: In the Matter of BMP CONTRACTING CORP., Respondent, v. CITY OF NEW YORK…

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

Date published: Mar 8, 1994

202 A.D.2d 223 (N.Y. App. Div. 1994)

608 N.Y.S.2d 447

Opinion

March 8, 1994

Appeal from the Supreme Court, New York County (Norman Ryp, J.).

The IAS Court erred in denying the motion to dismiss petitioner's article 78 application, which sought, inter alia, to overturn respondent's determinations, after a hearing, that petitioner was in violation of certain Administrative Code sections concerning construction scaffolding, and the consequent fines imposed. Petitioner's failure to exhaust its administrative remedies, by neglecting to pursue an administrative appeal of respondent's January 3, 1991 determinations, prior to commencing the article 78 proceeding, constituted grounds for dismissal (Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52, 57).

Concur — Murphy, P.J., Rosenberger, Wallach, Asch and Williams, JJ.