Exhaustion of administrative remedies is essential to initiating litigation challenging an administrative determination
This action is in the nature of mandamus seeking to compel the relevant fire
district to reinstate the Plaintiffs as volunteer firefighters. Supreme Court rejected
the Plaintiffs' petition. Plaintiffs then appealed Supreme Court's order and
its judgment [1] dismissing the proceeding and [2] denying, "as academic,"
the Plaintiffs' motion for other judicial relief.
Citing Matter of LaRocca v Department of Planning, Envt., &
Dev. of Town of Brookhaven, 125 AD3d 659, and Matter of Keener v City of Middletown, 115 AD3d 859,
the Appellate Division dismissed the Plaintiffs' appeal, noted the Plaintiffs
"failed to exhaust their administrative remedies."
The court explained that the Plaintiff's had commenced their action in the
nature of mandamus before the hearing scheduled by the fire district had
occurred or its final determination had been promulgated.
Click HERE to access the decision of the
Appellate Division posted on the Internet.
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL.
For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf.
Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law.
Email: publications@nycap.rr.com