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Failure to exhaust available administrative remedies

Failure to exhaust available administrative remedies
White v Pozzi, 2010 NY Slip Op 03463, Decided on April 27, 2010, Appellate Division, Second Department

Dennis White's failure to exhaust his administrative remedies coupled with his failure to demonstrate an exception to the exhaustion requirement insofar as his appeal was concerned resulted in Supreme Court denying his petition seeking judicial review of the disciplinary determination.

The Appellate Division, affirming the lower court's ruling, noted that the appointing authority's decision ,"which confirmed a determination of a hearing officer," was supported by substantial evidence

The decision is posteded on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_03463.htm

Full post as published by New York Public Personnel Law on May 10, 2010 (boomark / email).