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MATTER OF JONES v. McCOY

37 N.Y.2d 932 (1975)

In the Matter of Ernest K. Jones, Appellant, v. Thomas F. McCoy, as Administrator of the Judicial Conference of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 19, 1975.

Attorney(s) appearing for the Case

Ernest K. Jones, appellant pro se.

Michael Colodner and Michael R. Juviler for Thomas F. McCoy, respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Chief Judge BREITEL taking no part.

MEMORANDUM.

Before an employee of the unified court system may seek judicial relief, he must exhaust whatever administrative remedies have been made available to him (Matter of Kalichstein v McCoy, 23 N.Y.2d 978, 980). Since petitioner had not exhausted his available remedy under 22 NYCRR 25.5, the court below properly dismissed this article 78 proceeding in the nature of mandamus...

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