Turner v. Town of Grand Island Building Department

Judgment unanimously affirmed, without costs, in accordance with the following memorandum: Petitioner’s CPLR article 78 proceeding, challenging a decision of the town building inspector, must be dismissed for failure to exhaust administrative remedies (Watergate II Apts, v Buffalo Sewer Auth., 46 NY2d 52 , 57; Young Men’s Christian Assn, v Rochester Pure Waters Dist., 37 NY2d 371 , 375). Under local law, petitioner could have taken an administrative appeal to the Grand Island Zoning Board of Appeals (Ordinances of Town of Grand Island, §§ 49-30,49-32, subd A, par [1]). His failure to do so precludes him from seeking article 78 relief (CPLR 7801, subd 1). (Appeal from judgment of Supreme Court, Erie County, Wolf, J. — art 78.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.