Opinion
April 14, 1994
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
Since petitioner was aware of his "Category B" designation due to excessive absenteeism since March 26, 1990, which justified his having been passed over for promotion three times by February of 1991, prior to his filing a grievance in June of 1991, there is no merit to his claims of arbitrariness, bad faith or retaliatory action on the part of respondents. (See, Matter of Pell v Board of Educ., 34 N.Y.2d 222.)
Concur — Sullivan, J.P., Ellerin, Ross, Asch and Tom, JJ.