MERANTE v. BURNS


47 A.D.2d 671 (1975)

Sylvester Merante, Respondent-Appellant, v. John W. Burns, as Director of The Bureau of Labor Relations, Department of Correctional Services, et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 24, 1975


Judgment reversed and order reversed insofar as appealed from, on the law, without costs, and proceeding dismissed.

Petitioner had adequate means of reviewing the action taken against him through the procedures established in the existing collective bargaining agreement between his union and respondents, but he deliberately postponed the hearing he was scheduled to receive pursuant thereto until the conclusion of this proceeding. His failure to exhaust such administrative...

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