Opinion
Argued June 15, 1999
October 21, 1999
Bruce G. Clark Associates, P.C., New York, N.Y. (Peter L. Gale of counsel), for appellant.
Gary Johnson, Albany, N.Y. (David P. Quinn of counsel), for respondent Public Employment Relations Board.
Martin B. Schnabel, New York, N.Y. (Edward F. Zagajewski of counsel), for respondent New York City Transit Authority.
DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
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.), dated July 2, 1998, which dismissed the petition for failure to exhaust administrative remedies.
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.