Opinion
November 13, 2000.
In an action, inter alia, to recover damages for breach of a collective bargaining agreement, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Segal, J.), entered November 19, 1999, as denied that branch of its motion which was for summary judgment dismissing the plaintiff's causes of action sounding in breach of contract.
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Donald S. Neumann, Jr., of counsel), for appellant.
William F. Chimeri, Freeport, N.Y., for respondent.
Before: WILLIAM C. THOMPSON, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was to dismiss the plaintiff's causes of action sounding in breach of contract is granted, and the complaint is dismissed in its entirety.
The Supreme Court erred in failing to dismiss the causes of action sounding in breach of contract. The plaintiff failed to exhaust his administrative remedies since he did not first seek review by the Nassau County Civil Service Commission (see, Matter of Plummer v. Klepak, 48 N.Y.2d 486, cert denied 445 U.S. 952; Matter of Ray v. New York City Dept. of Correction, 212 A.D.2d 387). Pursuant to section 28 of the parties' collective bargaining agreement, the plaintiff's claims should have been addressed first at the administrative level (see, Matter of Levine v. Board of Educ. of City of N.Y., 173 A.D.2d 619; Matter of Rissinger v. State Univ. of N Y at New Paltz, 199 A.D.2d 745).