Legal Opinion
Podolsky v. Daniels
Appellate Division of the Supreme Court of the State of New York
Decided August 22, 2005PublishedCited by 5 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the Department of State of the State of New York, dated August 12, 2003, which, after a hearing, found that the petitioners demonstrated untrustworthiness as real estate brokers, and imposed a penalty.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
“It is hornbook law that one who objects to the act of an administrative agency must exhaust available administrative *560remedies before being permitted to litigate in a court of law” (Watergate II Apts. v…
2Cases cited5 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Priester v. DowlingAppellate Division of the Supreme Court of the State of New York · 1996
- Segalla v. Town of AmeniaAppellate Division of the Supreme Court of the State of New York · 2003
- Schiavone / Shea / Frontier-Kemper v. New York City Department of Environmental ProtectionAppellate Division of the Supreme Court of the State of New York · 2000
- Welch v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- Brunjes v. NocellaAppellate Division of the Supreme Court of the State of New York · 2007
- Murray v. DowneyAppellate Division of the Supreme Court of the State of New York · 2008
- Ireh v. Nassau University Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
- Civil Service Employees Ass'n v. Port Washington Union Free School DistrictNew York Supreme Court · 2007
- White v. PozziAppellate Division of the Supreme Court of the State of New York · 2010