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.
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