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Johnson v. Office of Health Systems Management

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1998
251 A.D.2d 20 (N.Y. App. Div. 1998)

Opinion

June 2, 1998


Petitioner failed to seek a fair hearing challenging the agency's determination, as had been previously done successfully, and thus failed to exhaust available administrative remedies (see, Matter of Stern v. Krauskopf, 110 A.D.2d 536). While exhaustion is not required where further administrative steps would be futile in light of a firm statement of agency policy (see, Lehigh Portland Cement Co. v. New York State Dept. of Envtl. Conservation, 87 N.Y.2d 136, 140-141; Heileman Brewing Co. v. New York State Liq. Auth., 237 A.D.2d 203) or where only an issue of law is involved (see, Apex Air Frgt. v. O'Cleireacain, 210 A.D.2d 7, lv denied 86 N.Y.2d 712; Matter of Herberg v. Perales, 180 A.D.2d 166, 169), here only factual issues are implicated by the provider's allegations.

Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.


Summaries of

Johnson v. Office of Health Systems Management

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1998
251 A.D.2d 20 (N.Y. App. Div. 1998)
Case details for

Johnson v. Office of Health Systems Management

Case Details

Full title:In the Matter of STEWART JOHNSON, Petitioner, v. OFFICE OF HEALTH SYSTEMS…

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

Date published: Jun 2, 1998

Citations

251 A.D.2d 20 (N.Y. App. Div. 1998)
672 N.Y.S.2d 710

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