In deciding the point at which petitioner's administrative remedies are exhausted, a pragmatic approach must be applied. "The exhaustion rule ... need not be followed, for example, when an agency's action is challenged as either unconstitutional or wholly beyond its grant of power, or when resort to an administrative remedy would be futile or when its pursuit would cause irreparable injury" (Watergate II Apts. v Buffalo Sewer Auth.,
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MATTER OF COMMUNITY RELATED SERVICES, INC. (CRS) v. NOVELLO, M.D.
41 A.D.3d 323 (2007)
838 N.Y.S.2d 552
In the Matter of COMMUNITY RELATED SERVICES, INC. (CRS), Respondent, v. ANTONIA NOVELLO, M.D., as Commissioner of the New York State Department of Health, et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided June 26, 2007.
Decided June 26, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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