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MATTER OF JOHNSON v. OFFICE OF HEALTH SYS. MGMT. OF THE NEW YORK STATE DEP'T OF HEALTH

251 A.D.2d 20 (1998)

672 N.Y.S.2d 710

In the Matter of Stewart Johnson, Petitioner, v. Office of Health Systems Management of the New York State Department of Health, Respondent

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

June 2, 1998

Petitioner failed to seek a fair hearing challenging the agency's determination, as had been previously done successfully, and thus failed to exhaust available administrative remedies (see, Matter of Stern v Krauskopf, 110 A.D.2d 536). While exhaustion is not required where further administrative steps would be futile in light of a firm statement of agency policy (see, Lehigh Portland Cement Co. v New York State...

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