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MATTER OF MOREIRA-BROWN v. NEW YORK CITY BOARD OF EDUCATION

288 A.D.2d 21 (2001)

732 N.Y.S.2d 166

In the Matter of HERBERT MOREIRA-BROWN, Appellant, v. NEW YORK CITY BOARD OF EDUCATION et al., Respondents.

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

Decided November 1, 2001.

The petition was properly dismissed. The collective bargaining agreement between respondents provided that petitioner's grievance could be submitted to arbitration by respondent union. Since petitioner was represented by the union at the arbitration and he failed to show that the union breached its duty of fair representation, petitioner lacks standing to bring the instant petition (see, Sampson v Board of Educ., 191 A.D.2d 283;...

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