ALBANY – Attorneys who challenge state agencies are all too familiar with the phrase “failed to exhaust administrative remedies.” Routinely, that is an agency’s response to litigation, and often it serves to delay a frustrated adversary and reroute the matter from the judiciary to bureaucratic hades. But now the Department of Labor is getting a taste of its own medicine.
Supreme Court Justice Thomas J. Spargo last week invoked the dreaded “failed to exhaust” petard to dismiss Labor Commissioner Linda A. Angello’s suit against the Industrial Board of Appeals, an entity within her own department. Justice Spargo’s you-made-your-own-bed ruling suggests that if Labor Department officials are inconvenienced by regulations promulgated under its auspices, well, welcome to the club.
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