Matter of Aron Law, PLLC v Town of Hempstead

Holding The Appellate Division affirmed the dismissal of the petition because the petitioner failed to exhaust administrative remedies. The petitioner initiated the proceeding before the Town had issued a final determination on the FOIL request, and the petitioner did not appeal the Town’s subsequent response.

The court’s words

the petitioner failed to exhaust its administrative remedies prior to commencement of the proceeding

2026 NY Slip Op 05951, at the official text

An administrative determination becomes final and binding when two requirements are met: completeness (finality) of the determination and exhaustion of administrative remedies

2026 NY Slip Op 05951, at the official text

the Town had informed the petitioner that it was still gathering information regarding the FOIL request and had not yet determined whether to grant or deny the request

2026 NY Slip Op 05951, at the official text