Jardim v. New York State Public Employment Relations Board

Full title: In the Matter of LEROY JARDIM, appellant, v. NEW YORK STATE PUBLIC…

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

Date published: Oct 4, 1999

265 A.D.2d 329 (N.Y. App. Div. 1999)

696 N.Y.S.2d 483

Opinion

Argued June 15, 1999

October 4, 1999

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Public Employment Relations Board, dated January 30, 1998, dismissing the charge of improper practice brought by the petitioner, the petitioner appeals from a judgment of the Supreme Court, Kings County (Belen, J.).

ORDERED that the judgment is affirmed, with one bill of costs.

Administrative review of the determination of the New York State Public Employment Relations Board dismissing the charge of improper practice brought by the petitioner was available ( see, 4 NYCRR 204.10; 204.14). The petitioner, having failed to seek such review, failed to exhaust his administrative remedies ( see, Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52, 57: Matter of Elliott v. City of Binghamton, 94 A.D.2d 887, affd 61 N.Y.2d 920; Matter of Nautilus Landowners Corp. v. Harbor Commn., 232 A.D.2d 418 : Matter of Sanchez v. Reid, 121 A.D.2d 548). Accordingly, the petition was properly dismissed.

RITTER, J.P., THOMPSON, FEUERSTEIN, and SMITH, JJ., concur.