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

Appellate Division of the Supreme Court of New York

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

202 A.D.2d 223, 608 N.Y.S.2d 447

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 8, 1994

StatusPublished

Cited by1 cases

This text of 202 A.D.2d 223 (BMP Contracting Corp. v. City of New York Environmental Control Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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BMP Contracting Corp. v. City of New York Environmental Control Board, 202 A.D.2d 223, 608 N.Y.S.2d 447 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, New York County (Norman Ryp, J.), entered January 24, 1992, which denied respondent Board’s motion to dismiss petitioner’s CPLR article 78 petition and directed it to serve an answer, unanimously reversed, on the law, and the petition dismissed, without costs.

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 NY2d 52, 57). Concur — Murphy, P. J., Rosenberger, Wallach, Asch and Williams, JJ.

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—Order, Supreme Court, New York County (Norman Ryp, J.), entered January 24, 1992, which denied respondent Board’s motion to dismiss petitioner’s CPLR article 78 petition and directed it to serve an answer, unanimously reversed, on the law, and the petition dismissed, without costs.

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 NY2d 52, 57). Concur — Murphy, P. J., Rosenberger, Wallach, Asch and Williams, JJ.

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202 A.D.2d 223, 608 N.Y.S.2d 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bmp-contracting-corp-v-city-of-new-york-environmental-control-board-nyappdiv-1994.

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