Schwartz v. Bank Street College of Education

Appellate Division of the Supreme Court of New York

Schwartz v. Bank Street College of Education

51 A.D.2d 947, 381 N.Y.S.2d 282, 1976 N.Y. App. Div. LEXIS 11647

Appellate Division of the Supreme Court of the State of New York·Decided March 23, 1976·Published·Cited by 3 cases

Opinion

Judgment, Supreme Court, New York County, entered in this article 78 proceeding on April 17, 1975, dismissing the petition herein, unanimously affirmed, without costs and without disbursements. The appellant failed to exhaust his administrative remedies and, therefore, this proceeding is premature. While it is true that he did initiate proceedings in accordance with respondents’ rules of procedure, he failed to prosecute the appeals provided for therein to a conclusion. Concur—Markewich, J. P., Kupferman, Lupiano, Capozzoli and Nunez, JJ.

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Judgment, Supreme Court, New York County, entered in this article 78 proceeding on April 17, 1975, dismissing the petition herein, unanimously affirmed, without costs and without disbursements. The appellant failed to exhaust his administrative remedies and, therefore, this proceeding is premature. While it is true that he did initiate proceedings in accordance with respondents’ rules of procedure, he failed to prosecute the appeals provided for therein to a conclusion. Concur—Markewich, J. P., Kupferman, Lupiano, Capozzoli and Nunez, JJ.

Schwartz v. Bank Street College of Education, 51 A.D.2d 947, 381 N.Y.S.2d 282, 1976 N.Y. App. Div. LEXIS 11647 (N.Y. Ct. App. 1976).

Pincite

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Opinion

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