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MATTER OF CAFIERO v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK

284 A.D.2d 330 (2001)

725 N.Y.S.2d 563

In the Matter of SALVATORE CAFIERO, Appellant, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Respondents.

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

Decided June 4, 2001.

Ordered that the judgment is affirmed, with costs.

This proceeding was improperly brought before the petitioner exhausted his administrative remedies (see, Plummer v Klepak, 48 N.Y.2d 486, cert denied 445 U.S. 952; Matter of Gamma v Bloom, 274 A.D.2d 14). Article 21 (H) (4) of the parties' collective bargaining agreement provides that the petitioner could have challenged the...

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