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Benjumen v New York City Dept. of Educ.
2012 NY Slip Op 50040(U) [34 Misc 3d 140(A)]
Decided on January 12, 2012
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 12, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
570721/11.

Gus Benjumen, Plaintiff-Appellant,

against

New York City Department of Education, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Ann E. O'Shea, J.), dated July 7, 2011, which granted defendant's motion to dismiss the complaint.


Per Curiam.

Order (Ann E. O'Shea, J.), dated July 7, 2011, affirmed, without costs, for the reasons stated by Ann E. O'Shea, J. at Civil Court.

In affirming the dismissal of the complaint, we note our agreement that plaintiff's failure to avail himself of the grievance procedures specified in the governing collective bargaining agreement precludes him from pursuing his present claims for monetary relief in this judicial forum (see Matter of Board of Educ., Commack Union Free School Dist. v Ambach, 70 NY2d 501, 508 [1987], cert denied sub nom. Margolin v Board of Educ., Commack Union Free School Dist., 48 US 1034 [1988]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 12, 2012