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MATTER OF SAHARA CONSTRUCTION CORP. v. NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS

11408. 154956/18.

185 A.D.3d 401 (2020)

127 N.Y.S.3d 453

2020 NY Slip Op 03715

In the Matter of Sahara Construction Corp., Appellant, v. New York City Office of Administrative Trials and Hearings et al., Respondents.

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

Decided July 2, 2020.

The court correctly found that petitioner failed to exhaust its administrative remedies (Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57 [1978]; Matter of Nayci Contr. Assoc., LLC v New York City Dept. of Consumer Affairs, 170 A.D.3d 435 [1st Dept 2019]). The OATH rules provide explicitly that a party seeking to challenge a hearing officer's determination must first exhaust the OATH appeals process outlined in 48...

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