Corcella v. Seifert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a proceeding pursuant to CPLR article 78 to compel the Building Inspector of the Village of *678Belle Terre to issue a building permit, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Dunn, J.), dated April 25, 1990, which dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
A constitutional claim that hinges upon factual issues reviewable at the administrative level must first be addressed to the administrative agency so that a necessary factual record can be established (see, Matter of Fichera v City of New York, 145…
2Cases cited2 opinions
- Fichera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Barkus v. KernAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
- White v. Incorporated Village of Plandome ManorAppellate Division of the Supreme Court of the State of New York · 1993
- Bull's Eye, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- STS Management Development Inc. v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1997