Fourth Department – Exhaustion of administrative remedies: 3750 Monroe Avenue Associates v. NYS Dept. of Environmental Conservation

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Exhaustion of administrative remedies — Dispute resolution proceeding

3750 Monroe Avenue Associates v. NYS Dept. of Environmental Conservation

CA 24-00766

Appealed from Supreme Court, Monroe County

Background: The petitioner was accepted into a cleanup program with the respondent to conduct an investigation to assess the nature and extent of contamination at the cleanup site. The agreement included a provision allowing the respondent to terminate the agreement at any time if the applicant implementing such agreement failed to substantially comply with the agreement’s terms. The petitioner was terminated from the agreement. It appealed from an order granting the respondent’s motion dismissing the petition on the ground that the petitioner failed to exhaust its administrative remedies.

Ruling: The Appellate Division affirmed. The court noted that the petitioner failed to initiate a dispute resolution proceeding in response to the termination notice and instead commenced the underlying proceeding seeking reinstatement of the agreement.

Donald W. O’Brien Jr., of Woods Oviatt Gilman, for the petitioner-plaintiff-appellant; Brian Lusignan, of the NYS Office of the Attorney General, for the respondent-defendant-respondent.

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