Legal Opinion

Schwartz v. Bank Street College of Education

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 1976PublishedCited by 3 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County, entered in this article 78 proceeding on April 17, 1975, dismissing the petition herein, unanimously affirmed, without costs and without disbursements. The appellant failed to exhaust his administrative remedies and, therefore, this proceeding is premature. While it is true that he did initiate proceedings in accordance with respondents’ rules of procedure, he failed to prosecute the appeals provided for therein to a conclusion. Concur—Markewich, J. P., Kupferman, Lupiano, Capozzoli and Nunez, JJ.

2Cited by3 opinions

  1. Frumoff v. WingAppellate Division of the Supreme Court of the State of New York · 1997
  2. Hertzberg v. Board of Regents of University of State of New YorkAppellate Division of the Supreme Court of the State of New York · 1980
  3. Maldonado v. Man-Dell Food Stores, Inc.Civil Court of the City of New York · 1998