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MATTER OF VOLLMAN REALTY INC. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

153 A.D.2d 636 (1989)

In the Matter of Vollman Realty Inc., Respondent, v. New York State Division of Housing and Community Renewal et al., Appellants, et al., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 14, 1989

Ordered that the order is reversed, on the law, without costs or disbursements, the cross motion is granted and the proceeding is dismissed.

This proceeding must be dismissed for failure of the petitioner to exhaust its administrative remedies (see, CPLR 7801; Administrative Code of City of New York § 26-516 [h]; 9 NYCRR 2510.2 [b]; 2529.2; Matter of Kawary v Joy, 104 Misc.2d 690, affd

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