December 31, 2010

Failure to exhaust administrative remedy bars appeal to the courts

Failure to exhaust administrative remedy bars appeal to the courts
Matter of Sands v City of Rochester, 38 A.D.3d 1174

Sands filed an application for medical and disability benefits. When his application was rejected, Sands filed an administrative appeal from that determination. However, without determining the merits of Sands’ administrative appeal, the City of Rochester Fire Chief reconsidered Sands’ application. As a result of this reconsideration, Sands was approved for medical benefits but his application for disability benefits was disapproved.

Later Sands again applied for medical and disability benefits related to his original injury and again his application was approved only with respect to medical benefits.

Sands next filed a petition seeking a court order compelling the City to hold a hearing to determine if he was eligible for medical and disability benefits. The Appellate Division dismissed his petition, noting that Sands did not file an administrative appeal from this second determination and thus failed to exhaust his administrative remedies.

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