Neumann v. Heyman

*1337Memorandum: Petitioners commenced this CPLR article 78 proceeding alleging, inter alia, that respondents violated Civil Service Law §§ 72, 80 and 81 by placing petitioner Allison Neumann on an involuntary leave of absence and by then abolishing her position and terminating her employment. Supreme Court dismissed the petition based on the “second objection in point of law” set forth in respondents’ answer, i.e., the failure of petitioners to exhaust their administrative remedies pursuant to the grievance procedures set forth in the parties’ collective bargaining agreement (CBA). We agree with…