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KAHN v. NYC DEPT. OF EDUC.

Nos. 25, 26.

18 N.Y.3d 457 (2012)

963 N.E.2d 1241

940 N.Y.S.2d 540

2012 NY Slip Op 1098

LESLIE KAHN, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents. In the Matter of DOREEN NASH, Appellant, v. THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided February 14, 2012.

Attorney(s) appearing for the Case

New York Civil Liberties Union Foundation, New York City ( Adriana Piñon and Arthur Eisenberg of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for respondents.

Keith J. Gross , New York City, and Richard E. Casagrande for New York State United Teachers, amicus curiae.

Charity M. Guerra , Council of School Supervisors & Administrators, Brooklyn, for Council of School Supervisors and Administrators, amicus curiae.

Keith J. Gross , New York City, and Richard E. Casagrande for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Julian L. Kalkstein , Susan B. Eisner , Stephen J. McGrath and Daniel Gomez-Sanchez of counsel), for respondents in the second above-entitled proceeding.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

These cases call upon us to decide whether petitioners Leslie Kahn and Doreen Nash (collectively, petitioners) were required to exhaust an available internal appeal procedure before challenging the termination of their probationary employment at the City of New York's Department of Education (the Department or DOE). The Department is obligated by its collective bargaining agreement...

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