Abdullah v. Girdich
Cases that cite this one
10 later published cases cite this decision.
- Matter of Golston v. Director of Div. of Nutritional Servs. (Appellate Division of the Supreme Court of New York 2019)
- Georgiou v. Daniel (Appellate Division of the Supreme Court of New York 2005)
- Matter of Green v. Kirkpatrick (Appellate Division of the Supreme Court of New York 2018)
- Matter of Santiago v. Boll (Appellate Division of the Supreme Court of New York 2015)
- BENNEFIELD, ADAM v. ANNUCCI, ANTHONY (Appellate Division of the Supreme Court of New York 2014)
- Bennefield v. Annucci (Appellate Division of the Supreme Court of New York 2014)
- Bennefield v. Annucci (Appellate Division of the Supreme Court of New York 2014)
- Chaney v. Van Guilder (Appellate Division of the Supreme Court of New York 2005)
- West v. McGinnis (Appellate Division of the Supreme Court of New York 2004)
- Watkins v. Annucci (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We affirm. A petitioner must exhaust all administrative remedies before seeking judicial review unless he or she is challenging an agency’s action as unconstitutional or beyond its grant of power, or if resort to the available administrative remedies would be futile or would cause the petitioner irreparable harm (see Matter of Ross v Ricks, 268 AD2d 925, 926; Matter of Cliff v Russell, 264 AD2d 892, 893). None of these exceptions to the exhaustion doctrine is applicable here; hence, petitioner’s failure to exhaust the available administrative remedies was properly cited by Supreme Court as requiring the dismissal of his petition. Petitioner’s oversight was not cured by the decision that was rendered by CORC after his judicial proceeding was filed (see Matter of Whitehead v Russi, 201 AD2d 825).
Cardona, P.J., Her cure, Crew III, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.