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MATTER OF FLUELLEN v. HANLEY

45 A.D.3d 350 (2007)

845 N.Y.S.2d 276

In the Matter of NADINE FLUELLEN, Appellant, v. JOHN F. HANLEY, as Commissioner of the City of New York Office of Labor Relations, et al., Respondents.

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

Decided November 13, 2007.

The collective bargaining agreement between petitioner's union and the Health and Hospitals Corporation required her to avail herself of a four-step grievance procedure in connection with the disciplinary proceeding commenced against her. Her failure to proceed through the final step of the procedure precludes her from commencing this article 78 proceeding (see Matter of Plummer v Klepak, 48 N.Y.2d 486, 489-490 [1979]). Furthermore...

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