Yellin v. Rogers

Appellate Division of the Supreme Court of New York

Yellin v. Rogers

261 A.D.2d 399, 687 N.Y.S.2d 292, 1999 N.Y. App. Div. LEXIS 4510

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

DecidedMay 3, 1999

StatusPublished

This text of 261 A.D.2d 399 (Yellin v. Rogers) 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.

Bluebook

Yellin v. Rogers, 261 A.D.2d 399, 687 N.Y.S.2d 292, 1999 N.Y. App. Div. LEXIS 4510 (N.Y. Ct. App. 1999).

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Opinion

—In an action, inter alia, to recover damages for violation of Executive Law § 296, the plaintiff appeals from an order of the Supreme Court, Westchester County (Silverman, J.), entered March 24, 1998, which granted the defendants’ motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that this action is barred as a result of the plaintiffs election to pursue administrative remedies (see, Executive Law § 297 [9]; see also, Horowitz v Aetna Life Ins., 148 AD2d 584, 585-586). The plaintiffs contention that she should be granted an extension to file an appeal from the administrative determination (see, Executive Law § 298) pursuant to CPLR 2001 is raised for the first time on appeal and is not properly before us. Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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—In an action, inter alia, to recover damages for violation of Executive Law § 296, the plaintiff appeals from an order of the Supreme Court, Westchester County (Silverman, J.), entered March 24, 1998, which granted the defendants’ motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that this action is barred as a result of the plaintiffs election to pursue administrative remedies (see, Executive Law § 297 [9]; see also, Horowitz v Aetna Life Ins., 148 AD2d 584, 585-586). The plaintiffs contention that she should be granted an extension to file an appeal from the administrative determination (see, Executive Law § 298) pursuant to CPLR 2001 is raised for the first time on appeal and is not properly before us. Mangano, P. J., Santucci, Krausman, Florio and H. Miller, JJ., concur.

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Bluebook (online)

261 A.D.2d 399, 687 N.Y.S.2d 292, 1999 N.Y. App. Div. LEXIS 4510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yellin-v-rogers-nyappdiv-1999.

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