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MATTER OF GIL v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK

2880, 100406/14.

146 A.D.3d 688 (2017)

2017 NY Slip Op 00557

46 N.Y.S.3d 55

In the Matter of HILDA GIL, Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

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

Decided January 26, 2017.

An aggrieved union member whose employment is subject to a collective bargaining agreement between the union and the employer must first avail herself of the grievance procedure set forth in the agreement before she can commence an action seeking relief under CPLR article 78 (see Matter of Plummer v Klepak, 48 N.Y.2d 486, 489 [1979], cert denied 445 U.S. 952 [1980]; Matter of Cantres v Board of Educ. of City of N.Y.,

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