MATTER OF BMP CONTRACTING CORP. v. CITY OF NEW YORK ENVTL. CONTROL BD.


202 A.D.2d 223 (1994)

608 N.Y.S.2d 447

In the Matter of BMP Contracting Corp., Respondent, v. City of New York Environmental Control Board, Appellant

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

March 8, 1994


The IAS Court erred in denying the motion to dismiss petitioner's article 78 application, which sought, inter alia, to overturn respondent's determinations, after a hearing, that petitioner was in violation of certain Administrative Code sections concerning construction scaffolding, and the consequent fines imposed. Petitioner's failure to exhaust its administrative remedies, by neglecting to pursue an administrative appeal of respondent's January 3, 1991 determinations...

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