Opinion
May 16, 1994
Appeal from the Supreme Court, Orange County (Barone, J.).
The Supreme Court erred in concluding that the petitioner was "required to exhaust her administrative remedies" by submitting this matter to arbitration pursuant to the "GRIEVANCE PROCEDURE" set forth in Article 30 of the parties' collective bargaining agreement. The petitioner's application does not constitute a "grievance", as defined in the agreement, and thus she is not required to pursue the grievance procedure culminating in arbitration. Since this matter falls outside the scope of the parties' agreement to arbitrate (see, Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1, 5), we find that the petitioner is entitled to judicial review of the determination terminating her employment. Thompson, J.P., Rosenblatt, Pizzuto and Florio, JJ., concur.