Castillo v. Town of Oyster Bay

—In a proceeding pursuant to CPLR article 78 to review a determination of a hearing officer dated November 7, 2008, which, after a hearing, recommended that a charge of misconduct against the petitioner be sustained and that his employment with the respondent Department of Public Works of the Town of Oyster Bay be terminated, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Brandveen, J.), dated June 16, 2009, which granted the respondents’ motion to dismiss the proceeding on the ground, inter alia, that the petitioner failed to exhaust his…