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SEGALLA, JR. v. TOWN OF AMENIA

309 A.D.2d 742 (2003)

765 N.Y.S.2d 256

JOHN A. SEGALLA, JR., et al., Appellants, v. TOWN OF AMENIA, Respondent.

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

Decided October 6, 2003.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiffs' failure to exhaust their administrative remedies or to establish that the pursuit of such remedies would have been futile required dismissal of the complaint (see Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52 [1978]; Town of Islip v Zalak, 165 A.D...

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