Davis v. Thompson

— Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly dismissed the CPLR article 78 petition but improperly conditioned that dismissal on respondents’ consent to the filing of grievances by petitioners and respondents’ waiver of any objections based upon timeliness or the choice of forum provision of the collective bargaining agreement (see, article 23 [2] [h]). Inasmuch as neither petitioner had filed or attempted to file a grievance pursuant to the collective bargaining agreement and in the…