MATTER OF KEENER v. CITY OF MIDDLETOWN

2012-02641

115 A.D.3d 859 (2014)

982 N.Y.S.2d 325

2014 NY Slip Op 1752

In the Matter of KEVIN H. KEENER, Appellant, v. CITY OF MIDDLETOWN, Respondent.

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

Decided March 19, 2014.


In a proceeding pursuant to CPLR article 78, in effect, in the nature of mandamus to compel the respondent to comply with the terms of a collective bargaining agreement as it pertains to grievances, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Orange County (Currier Woods, J.), dated December 15, 2011, which granted the respondent's motion to dismiss the petition on the ground that the petitioner failed to exhaust his administrative...

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