Legal Opinion
Santiago v. New York City Department of Education
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2015No. 103976/12 15584 15583PublishedCited by 2 opinions
1Opinion of the Court
Orders, Supreme Court, New York County (Margaret A. Chan, J.), entered August 19, 2013, which granted defendants’ motions to dismiss the complaint, unanimously affirmed, without costs.
The court correctly dismissed the complaint as against defendant New York City Department of Education (DOE), because plaintiff failed to exhaust the administrative remedies set forth in the collective bargaining agreement (see Matter of Plummer v Klepak, 48 NY2d 486, 489 [1979], cert denied 445 US 952 [1980]; Matter of Ray v New York City Dept. of Correction, 212 AD2d 387, 387 [1st Dept 1995], lv denied 85 NY2d…
2Cases cited4 opinions
- Plummer v. KlepakNew York Court of Appeals · 1979
- Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Lewis v. KlepakAppellate Division of the Supreme Court of the State of New York · 1978
- Ray v. New York City Department of CorrectionAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by2 opinions
- R.K. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- R.K. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021