Opinion
789
April 18, 2002.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered May 8, 2000, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
BRIAN W. RAUM, for plaintiff-appellant.
MORDECAI NEWMAN, for defendants-respondents.
Before: Mazzarelli, J.P., Saxe, Rosenberger, Ellerin, Marlow, JJ.
Plaintiff's comments did not concern matters of public interest, but rather were personal attacks upon the principal of the school where he taught and other comments inappropriate to this setting, and thus did not constitute constitutionally protected speech (see, Bernheim v. Litt, 79 F.3d 318, 324). In any event, plaintiff was not denied any employment benefit (see, Perry v. Sindermann, 408 U.S. 593), and he failed to first exhaust his administrative remedies, as he was required to under the terms of the applicable collective bargaining agreement (see, Matter of Plummer v. Klepak, 48 N.Y.2d 486, 489).
We have reviewed plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.