Ok v. N.Y.C. Dep't of Educ.

1 Citing case

  1. Rothbein v. City of N.Y.

    18-CV-5106 (VEC) (S.D.N.Y. Feb. 28, 2019)   Cited 24 times
    Dismissing breach of contract claim because the DOE regulations were not part of the employment contract

    Contrary to Plaintiff's argument, see Dkt. 30 (Mem. in Opp. to MTD) at 23, Seung-Yong Ok v. New York City Department of Education, 18-CV-0392, 2018 WL 2121562, at *3 (E.D.N.Y. May 8, 2018), did not suggest that exhaustion of CBA-provided grievance-and-arbitration procedures is excused where a plaintiff's Section 75-b claim is "factually intertwined" with the plaintiff's accompanying claims under 42 U.S.C. § 1983. Rather, the case suggests that it may be appropriate to stay proceedings on a Section 75-b claim pending resolution of disciplinary proceedings under New York Education Code section 3020-a—proceedings that are not at issue in this case.