Jardim v. New York State Public Employment Relations Board

OPINION OF THE COURT

Ariel E. Belen, J.

In this CPLR article 78 proceeding, petitioner Leroy Jardim seeks a judgment annulling the January 30, 1998 decision of respondent New York State Public Employment Relations *529Board’s (PERB) Administrative Law Judge (ALJ) on the grounds that it is arbitrary and capricious and an abuse of discretion, affected by an error of law and not supported by substantial evidence.

Respondent PERB moves for an order pursuant to CPLR 7804 (f) dismissing the petition on the ground that petitioner failed to exhaust his administrative remedies, as provided by Civil Service…