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MATTER OF ADLER v. OFFICE OF COURT ADMINISTRATION OF THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK

35 A.D.3d 260 (2006)

827 N.Y.S.2d 31

In the Matter of DAVID H. ADLER, Appellant, v. OFFICE OF COURT ADMINISTRATION OF THE UNIFIED COURT SYSTEM OF THE STATE OF NEW YORK, Respondent.

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

Decided December 14, 2006.

Petitioner unreasonably delayed bringing this challenge to the noncompetitive classification of the recently created position on the grounds that it is arbitrary and contrary to law, thereby prejudicing respondent (see Matter of Schulz v State of New York, 81 N.Y.2d 336, 347-349 [1993]). Petitioner failed to exhaust his administrative remedies (see Young Men's Christian Assn. v Rochester Pure Waters Dist.,

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