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APEX AIR FREIGHT, INC. v. O'CLEIREACAIN

210 A.D.2d 7 (1994)

619 N.Y.S.2d 38

Apex Air Freight, Inc., Respondent, v. Carol O'Cleireacain, as Finance Commissioner of The City of New York, Appellant

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

December 1, 1994

The court properly determined that plaintiff need not exhaust administrative remedies as the matter involved solely an issue of law (see, Matter of Herberg v Perales, 180 A.D.2d 166, 169) and resort to administrative remedies would cause plaintiff irreparable harm (Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57).

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