Legal Opinion

Marchand v. Village of Bayville

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

Decided September 30, 2002PublishedCited by 1 opinion

1Opinion of the Court

*786The Supreme Court properly dismissed this action for a declaratory judgment based on the plaintiffs’ failure to exhaust administrative remedies (see Greystone Mgt. Corp. v Conciliation & Appeals Bd. of City of N.Y., 62 NY2d 763; Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57). Following the denial of the plaintiffs’ application for a permit to erect two gates across a traveled roadway that runs across their property, the plaintiffs installed two planters, each measuring 12 inches in height, 18 inches in depth, and 8 feet in length, each of which contained seven three-foot-tall…

2Cases cited2 opinions

  1. Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
  2. Greystone Mgmt. Corp. v. Conciliation & Appeals Bd. of the City of New YorkNew York Court of Appeals · 1984

3Cited by1 opinion

  1. Marchand v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2008

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