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MATTER OF DISTRICT COUNCIL 37 v. NEW YORK CITY DEPT. OF EDUC.

Index No. 151022/20. Appeal No. 15388. Case No. 2021-02245.

202 A.D.3d 618 (2022)

164 N.Y.S.3d 556

2022 NY Slip Op 01238

In the Matter of District Council 37 et al., Appellants, v. New York City Department of Education et al., Respondents.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Robin Roach , New York ( Dena Klein of counsel), for appellants.

Georgia M. Pestana , Corporation Counsel, New York ( D. Alan Rosinus, Jr. of counsel), for respondents.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.

Petitioners assert that they submitted their out-of-title complaint to the director specified in the governing collective bargaining agreement (CBA) for receiving those complaints. According to petitioners, in submitting the complaint, the title used was one that was interchangeable with that person's official title and one that had been used for previous out-of-title complaints, which had been processed. Indeed, petitioners assert...

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