McMenemy v. Goord

Appeal from an order of the Supreme Court (Ferradino, J.), entered April G, 1999 in Albany County, which granted defendants’ motion to dismiss the complaint for failure to exhaust administrative remedies.

Plaintiffs — correction sergeants employed by defendant Department of Correctional Services, their union and their union president — commenced this declaratory judgment action seeking a declaration that a certain job assignment practice is unlawful, namely, that defendants’ assignment of back-to-back eight-hour work shifts within a regular 40-hour work week violates Labor Law § 168.…