Opinion
2001-02731
Argued April 29, 2002
August 19, 2002.
In a proceeding pursuant to CPLR article 78, inter alia, to review the respondents' removal of the petitioners from Salary Plan C, Grade 14, Step 11, the petitioners appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Phelan, J.), dated January 11, 2001, as granted that branch of the respondents' motion which was to dismiss the proceeding for failure to exhaust available administrative remedies and dismissed the proceeding.
Raymond Nardo, Mineola, N.Y., for appellants.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Mary Elisabeth Ostermann of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.
Contrary to the petitioners' contention, the Supreme Court properly granted that branch of the respondents' motion which was to dismiss the proceeding. The petitioners may not seek judicial review of the respondents' placement of them on a lower salary line because they failed to exhaust their administrative remedies under the parties' collective bargaining agreement (see Young Men's Christian Assn. v. Rochester Pure Waters Dist., 37 N.Y.2d 371, 375; Kropp v. Incorporated Vil. of Freeport, 277 A.D.2d 289; Albala v. County of Nassau, 270 A.D.2d 482). To the extent that the petitioners' claims fall outside of the scope of the collective bargaining agreement, the Supreme Court correctly concluded that this proceeding may not be maintained since the petitioners failed to serve the required notice of claim (see Picciano v. Nassau County Civ. Serv. Commn., 290 A.D.2d 164).
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.