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MATTER OF MID CITY ELECRICAL CORP. v. METROPOLITAN TRANSPORTATION AUTHORITY

3402, 100572/16.

148 A.D.3d 497 (2017)

2017 NY Slip Op 01828

48 N.Y.S.3d 580

In the Matter of MID CITY ELECTRICAL CORP., Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 15, 2017.

Contrary to its contention, petitioner was afforded due process (see Matter of Beck-Nichols v Bianco, 20 N.Y.3d 540, 559 [2013]; see also Matter of Daxor Corp. v State of N.Y. Dept. of Health, 90 N.Y.2d 89, 98 [1997], cert denied 523 U.S. 1074 [1998]). Thus, it cannot avoid the consequences of its failure to exhaust its administrative remedies...

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