Matter of Labounty v. Abram

Full title: In the Matter of MARK LABOUNTY, Appellant, v. DR. ABRAM et al., Respondents

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

Date published: Nov 28, 1994

209 A.D.2d 700 (N.Y. App. Div. 1994)

613 N.Y.S.2d 673

Opinion

November 28, 1994

Appeal from the Supreme Court, Rockland County (Silverman, J.).

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly determined that the petitioner's failure to exhaust his administrative remedies or to establish that the pursuit of such remedies would have been futile requires dismissal of the proceeding without prejudice to the petitioner's availing himself of those administrative remedies (see, e.g., Matter of Hall v. Woodburne Correctional Facility Med. Dept., 186 A.D.2d 965; Matter of Harrison v. Leonardo, 183 A.D.2d 983; Matter of Roberts v. Coughlin, 165 A.D.2d 964; see also, Matter of Patterson v. Smith, 53 N.Y.2d 98; 7 N.Y.CRR part 701). Thompson, J.P., Lawrence, O'Brien and Krausman, JJ., concur.