Ray v. New York City Department of Correction

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about February 24, 1994, which denied petitioner’s application pursuant to CPLR article 78 seeking payment by respondent for out-of-title work, and dismissed the proceedings, unanimously affirmed, without costs.

The application was properly denied, respondent’s inadvertent default notwithstanding, on the ground that petitioner failed to exhaust the administrative remedies set forth in the collective bargaining agreement (Matter of Plummer v Klepak, 48 NY2d 486). That this was the inexcusable fault of his union does not…