Opinion
October 19, 1987
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
A review of the entire record reveals that there was substantial evidence to support the respondent's determination as to the charges (see, Matter of Purdy v. Kreisberg, 47 N.Y.2d 354).
As to the petitioner's request for payment of "differential pay" pursuant to rule 157 of the respondent's rules and regulations, this request is premature. We express no opinion as to whether or not he may be entitled to such pay, since he must first exhaust his administrative remedies as to this claim before seeking relief under CPLR article 78 (see, Matter of Plummer v Klepak, 48 N.Y.2d 486, cert denied 445 U.S. 952). Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.