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MARCHAND, JR. v. VILLAGE OF BAYVILLE

297 A.D.2d 785 (2002)

747 N.Y.S.2d 585

RONALD MARCHAND, JR., et al., Appellants, v. VILLAGE OF BAYVILLE et al., Respondents.

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

Decided September 30, 2002.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed this action for a declaratory judgment based on the plaintiffs' failure to exhaust administrative remedies (see Greystone Mgt. Corp. v Conciliation & Appeals Bd. of City of N.Y., 62 N.Y.2d 763; Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57). Following the denial of the plaintiffs...

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