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MATTER OF RAY v. NEW YORK CITY DEP'T OF CORR.

212 A.D.2d 387 (1995)

622 N.Y.S.2d 40

In the Matter of Charles Ray, Appellant, v. New York City Department of Correction, Respondent

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

February 7, 1995

The application was properly denied, respondent's inadvertent default notwithstanding, on the ground that petitioner failed to exhaust the administrative remedies set forth in the collective bargaining agreement (Matter of Plummer v Klepak, 48 N.Y.2d 486). That this was the inexcusable fault of his union does not alter the situation.

Petitioner's argument that the exhaustion doctrine does not apply because the agreement does...

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