S & M Development v. State Division of Housing & Community Renewal

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Cowhey, J.), entered December 14, 1990 in Rockland County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to exhaust administrative remedies.

In our view, Supreme Court properly dismissed this proceeding on the ground that petitioner failed to exhaust its administrative remedies. Specifically, petitioner never filed a petition for administrative review of an order of a District Rent Administrator for…