Stoppenbach v Department of Educ. of City School Dist. of City of N.Y.

[*1] Stoppenbach v Department of Educ. of City School Dist. of City of N.Y. 2007 NY Slip Op 50349(U) [14 Misc 3d 141(A)] Decided on March 5, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 5, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon. P.J., McCooe, Davis JJ
570553/06.

Franz Stoppenbach, Plaintiff-Appellant,

against

Department of Education of the City School District of the City Of New York Defendant-Respondent.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Martin Shulman, J.), dated July 26, 2006, which granted defendant's motion to dismiss the action.

Per Curiam:

Order (Martin Shulman, J.), entered July 26, 2006, affirmed, without costs, for the reasons stated by Martin Shulman, J. at the Civil Court.

In affirming the dismissal order, we note the plaintiff's undisputed failure to exhaust the exclusive grievance remedy set forth in the collective bargaining agreement herein sought to be enforced (see Albert v City of New York, 103 Misc 2d 962 [1980]; Deneen v City of New York, 113 Misc 2d 523 [1982]).

This constitutes the decision and order of the court.

Decision Date: March 5, 2007