Search for: "Watergate v. Buffalo Sewer"
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18 Sep 2009, 9:45 am
Processing PERB appealsJardim v PERB, 265 A.D.2d 329In this action the Appellate Division held that LeRoy Jardim's petition seeking review of the determination of the New York State Public Employment Relations Board was properly dismissed he failed to exhaust his administrative remedies, citing Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, and other decisions.The New York State Public Employment Relations Board [PERB] had adopted rules… [read post]
30 Aug 2023, 6:00 am
The exhaustion of administrative remedies rule, however, "is not inflexible and need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power" [see Watergate II Apartments v Buffalo Sewer, 46 NY2d 52] or where it is alleged that the administrative agency or process followed by the administrative agency violates the individual's constitutional rights to due process [see Levine… [read post]
30 Aug 2023, 6:00 am
The exhaustion of administrative remedies rule, however, "is not inflexible and need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power" [see Watergate II Apartments v Buffalo Sewer, 46 NY2d 52] or where it is alleged that the administrative agency or process followed by the administrative agency violates the individual's constitutional rights to due process [see Levine… [read post]
26 Feb 2010, 4:33 am
"In addition, the Court of Appeals has held that the exhaustion rule is not inflexible and in Watergate II Apartments v Buffalo Sewer, 46 NY2d 52, indicated that the rule need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power.Another exception to the general rule is set out in Van Tassel v County of Orange, 204 A.D.2d 560. [read post]
8 Dec 2020, 12:00 am
The court opined that "It is hornbook law that one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate [its objection] in a court of law," citing Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52.* Addressing Facility's contention that it had raised a constitutional challenge alleging that OMIG exceeded its authority and violated Article III, §1, of the… [read post]
8 Dec 2020, 4:00 am
The court opined that "It is hornbook law that one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate [its objection] in a court of law," citing Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52.* Addressing Facility's contention that it had raised a constitutional challenge alleging that OMIG exceeded its authority and violated Article III, §1, of the… [read post]
3 Jun 2008, 12:40 am
However, the Court of Appeals has held that the exhaustion rule is not inflexible and in Watergate II Apartments v Buffalo Sewer, 46 NY2d 52, indicated that the rule need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power. [read post]
19 Oct 2012, 12:12 pm
It need not be followed, for example, when an agency's action is challenged as either unconstitutional or wholly beyond its grant of power, or when resort to an administrative remedy would be futile or when its pursuit would cause irreparable injury" (Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57 [1978] [citations omitted]). [read post]
19 Oct 2012, 12:12 pm
It need not be followed, for example, when an agency's action is challenged as either unconstitutional or wholly beyond its grant of power, or when resort to an administrative remedy would be futile or when its pursuit would cause irreparable injury" (Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57 [1978] [citations omitted]). [read post]
13 Jun 2016, 4:00 am
"The exhaustion rule, however, is not inflexible and need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power [Watergate II Apartments v Buffalo Sewer, 46 NY2d 52] or where it is alleged that the administrative agency or process followed by the administrative agency violates the individual's constitutional rights to due process [Levine v Board of Education, 173 A.D.2d… [read post]
8 Mar 2011, 7:54 am
Supreme Court dismissed the petition on the ground that the police officers failed to exhaust their administrative remedies.The Appellate Division affirmed the lower court’s ruling, pointing out “It is hornbook law that one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law," citing Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52.Here, said the… [read post]
