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MATTER OF LICHTMAN v. NEW YORK STATE DIV. OF CEMETERIES

226 A.D.2d 641 (1996)

641 N.Y.S.2d 561

In the Matter of Michael Lichtman, Appellant, v. New York State Division of Cemeteries, Respondent

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

April 22, 1996

Ordered that the order and judgment is affirmed, with costs.

"The filing and determination of a protest to the Cemetery Board shall be a prerequisite to obtaining judicial review of any order or determination made by the director" (see, 19 NYCRR 200.2 [e]). Here, the petitioner failed to file a protest with the Board prior to seeking judicial review, and therefore, the petitioner is unable to obtain judicial review of the determination (see, 19 NYCRR...

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