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Matter of Corcella v. Seifert

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1992
181 A.D.2d 677 (N.Y. App. Div. 1992)

Opinion

March 2, 1992

Appeal from the Supreme Court, Suffolk County (Dunn, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

A constitutional claim that hinges upon factual issues reviewable at the administrative level must first be addressed to the administrative agency so that a necessary factual record can be established (see, Matter of Fichera v City of New York, 145 A.D.2d 482, 484). The mere assertion that a constitutional right is involved will not excuse the failure to pursue established administrative remedies that can provide the requested relief (see, Matter of Fichera v City of New York, supra).

There is no record in this case as to whether there was a merger of the lot in question with an adjoining lot (see, Matter of Barkus v Kern, 160 A.D.2d 694). Under the circumstances of this case, the established administrative remedies could have provided the requested relief. Thus, the failure to pursue these remedies cannot be excused. Accordingly, the proceeding was properly dismissed owing to the petitioner's failure to exhaust his administrative remedies. Bracken, J.P., Lawrence, Eiber and Miller, JJ., concur.


Summaries of

Matter of Corcella v. Seifert

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1992
181 A.D.2d 677 (N.Y. App. Div. 1992)
Case details for

Matter of Corcella v. Seifert

Case Details

Full title:In the Matter of ROGER CORCELLA, Appellant, v. ABE SEIFERT, Respondent

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

Date published: Mar 2, 1992

Citations

181 A.D.2d 677 (N.Y. App. Div. 1992)
580 N.Y.S.2d 784

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