Keener v. City of Middletown

In a proceeding pursuant to CPLR article 78, in effect, in the nature of mandamus to compel the respondent to comply with the terms of a collective bargaining agreement as it pertains to grievances, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Orange County (Currier Woods, J.), dated December 15, 2011, which granted the respondent’s motion to dismiss the petition on the ground that the petitioner failed to exhaust his administrative remedies and dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

In February 2010, while…