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MATTHEWS v. BARRIOSPAOLI

270 A.D.2d 152 (2000)

704 N.Y.S.2d 259

YASMIN MATTHEWS et al., Respondents, and FRANCINY REYES et al., Intervenors-Respondents, v. LILLIAM BARRIOSPAOLI et al., Appellants.

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

Decided March 23, 2000.

The motion court should have granted defendants' summary judgment motion where plaintiffs failed to exhaust their administrative remedies. The rule of administrative exhaustion is not mandated when an agency's action is challenged as unconstitutional or when resort to an administrative remedy would be futile (see, Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57). Nevertheless, "[a] constitutional claim that may require...

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