Villalba v New York City Dept. of Educ.
2008 NY Slip Op 02895 [50 AD3d 279]
April 1, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Zulma Villalba, Appellant,
v
New York City Department of Education et al., Respondents.

—[*1] Shebitz, Berman & Cohen, New York (Julia R. Cohen of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Cheryl Payer of counsel), for respondents.

Order, Supreme Court, New York County (William A. Wetzel, J.), entered October 19, 2006, which denied petitioner's application to annul respondent Board of Education's determinations rating her job performance as unsatisfactory and dismissing her from her position as a probationary assistant principal, unanimously affirmed, without costs.

The "U" ratings are unreviewable for failure to exhaust the grievance procedures set forth in the collective bargaining agreement (Matter of Plummer v Klepak, 48 NY2d 486 [1979], cert denied 445 US 952 [1980]; Matter of Cantres v Board of Educ. of City of N.Y., 145 AD2d 359, 361 [1988]). Concur—Gonzalez, J.P., Williams, Catterson and Moskowitz, JJ.