MATTER OF JONES v. McCoy
Cases that cite this one
4 later published cases cite this decision.
- Abreu v. New York City Police Department (Appellate Division of the Supreme Court of New York 1992)
- New York Life Insurance v. Agee (District Court, E.D. Michigan 1992)
- Pavone v. Barclay (Appellate Division of the Supreme Court of New York 1985)
- Turner v. Reed (Appellate Division of the Supreme Court of New York 1976)
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
Memorandum. Before an employee of the unified court system may seek judicial relief, he must exhaust whatever administrative remedies have been made available to him (Matter of Kalichstein v McCoy, 23 NY2d 978, 980). Since petitioner had not exhausted his available remedy under 22 NYCRR 25.5, the court below properly dismissed this article 78 proceeding in the nature of mandamus. Moreover, the extraordinary remedy is available only when there is a clear legal right and is still subject to the exercise of discretion by the courts below, which this court might or might not have the power to review.
*934 Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur; Chief Judge Breitel taking no part.
Order affirmed, without costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.