Lichtman v. New York State Division of Cemeteries
Court: Appellate Division of the Supreme Court of the State of New York; April 15, 1996; New York; State Appellate Court
In a CPLR article 78 proceeding, the petitioner sought to compel the New York State Division of Cemeteries to investigate and prosecute a complaint against Mount Judah Cemetery. The Supreme Court, Queens County, under Justice Rutledge, issued an order and judgment on October 31, 1994, granting the respondent’s motion to dismiss the proceeding. The court affirmed the dismissal, ruling that the filing and determination of a protest to the Cemetery Board is a prerequisite for judicial review of any decisions made by the director, as outlined in 19 NYCRR 200.2(e). The petitioner did not file a protest with the Board before seeking judicial review, which precluded them from obtaining such review. Justices Miller, Hart, Friedmann, and Florio concurred with the decision.