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MELTON v. TOWN OF ISLIP

78 A.D.2d 540 (1980)

Fred Melton, Respondent, v. Town of Islip, Appellant

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

September 22, 1980

Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed.

The rights which petitioner seeks to enforce were accorded him solely by a collective bargaining agreement, and his remedy, which indisputably has not been exhausted, may be found in the grievance procedure therein set forth. Accordingly, this proceeding must be dismissed (see CPLR 7801; Matter of Baroni-Harris v Jacobs, 76 A.D.2d 922

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