Ciccone v. Jacobson

—Order and judgment (one paper), Supreme Court, New York County (Helen Freedman, J.), entered April 22, 1998, which, in a proceeding pursuant to CPLR article 78 by petitioner former correction officer against respondent Department of Correction to enforce petitioner’s right to sick pay under Administrative Code of the City of New York § 9-117.1 (a), granted respondent’s cross motion to dismiss the petition for failure to exhaust contractual remedies, and dismissed the petition, unanimously affirmed, without costs.

Article XXI (§ 1) of the collective bargaining agreement between petitioner’s…