C L & F Development, LLC v. Weiss

Appeal from a judgment of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered June 12, 2007 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Respondents appeal from a judgment that granted the petition in this CPLR article 78 proceeding. We agree with respondents, as asserted in their second affirmative defense, that the petition must be dismissed because petitioner failed to exhaust its administrative…