Summary
In Villalba, unlike the instant case, however, the petitioner apparently had not filed an appeal from the "U" rating, which is separate from the grievance procedure.
Summary of this case from Loughlin v. B.O.E. of City Sch. of N.Y.Opinion
No. 3230.
April 1, 2008.
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.
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.
Before: Gonzalez, J.P., Williams, Catterson and Moskowitz, JJ.
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, cert denied 445 US 952; Matter of Cantres v Board of Educ. of City of N.Y., 145 AD2d 359, 361).