Opinion
April 12, 1984
Appeal from the Supreme Court, Erie County, Cook, J.
Present — Hancock, Jr., J.P., Denman, Boomer, O'Donnell and Schnepp, JJ.
Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: Special Term erred in denying respondents' motion to dismiss this CPLR article 78 petition. The collective bargaining agreement between the parties provides a four-step grievance process culminating in arbitration which applies to any dispute which relates to "application, meaning and interpretation" of the agreement. This dispute, as to whether respondents were required to give petitioner notice and a hearing prior to docking him one-half day's pay, is clearly encompassed by the collective bargaining agreement and petitioner was required to avail himself of the grievance procedure prior to seeking article 78 relief ( Matter of Baran v Otterbein, 84 A.D.2d 928).