Practice point: A person who objects to an agency's action must exhaust the administrative remedies before litigating.
Students should note that this rule does not apply if the action is challenged as unconstitutional, unless the claim relies on factual issues that are reviewable administratively.
Case: Sumner v. Hogan, NY Slip Op 04446 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Motion practice.
