What does exhaustion of administrative remedies require in NY?

• A. Typically pursue all available agency remedies before seeking Article 78 relief (correct)
• B. Always pursue Article 78 first
• C. Never required
• D. Must exhaust federal remedies first

Answer: (A)

In New York, you generally must exhaust all available agency remedies before you can seek Article 78 relief. This means you should use the agency’s own processes—such as reconsideration, internal appeals, or any other review the agency provides—before turning to the courts. The reason this path is favored is that it gives the agency a chance to correct its own mistakes and produces a full administrative record for the court to review, which helps ensure a wiser and more efficient decision by the judiciary.

There are narrow exceptions where you can skip or bypass internal remedies. If no effective internal remedy exists, if pursuing it would be futile or meaningless, or if the agency’s procedures are unavailable or inadequate to address the issue, you may seek judicial review without completing every internal step. Federal remedies aren’t involved in this state-level question—the focus is on the state agency process.