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Rieder v. State Univ. of N.Y

Court of Appeals of the State of New York
Jun 2, 1976
351 N.E.2d 747 (N.Y. 1976)

Opinion

Argued April 27, 1976

Decided June 2, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HARRY GITTLESON, J.

Richard D. Kuhn for appellants.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald and Samuel A. Hirshowitz of counsel), for State University of New York and State of New York, respondents.

Irving I. Waxman for Research Foundation of State University of New York, respondent.


MEMORANDUM. The order of the Appellate Division should be affirmed. The plaintiffs have utterly failed to exhaust available and adequate administrative remedies. Even accepting plaintiffs' contentions that an expeditious resolution of this controversy was necessary lest the disputed funds lapse, the plaintiffs had sufficient time to follow the speedy grievance procedure provided for in a binding collective bargaining agreement. Although the remaining steps in the procedure required the prosecution of the grievance by plaintiffs' union, there is no indication that the union was unwilling to pursue the grievance on their behalf. For all that appears on this record, plaintiffs' attempt to obtain a judicial resolution of this controversy was, in practical effect, an effort to avoid arbitration, the final stage in the grievance procedure. This evasion we reject.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Rieder v. State Univ. of N.Y

Court of Appeals of the State of New York
Jun 2, 1976
351 N.E.2d 747 (N.Y. 1976)
Case details for

Rieder v. State Univ. of N.Y

Case Details

Full title:RONALD F. RIEDER et al., Appellants, v. STATE UNIVERSITY OF NEW YORK et…

Court:Court of Appeals of the State of New York

Date published: Jun 2, 1976

Citations

351 N.E.2d 747 (N.Y. 1976)
351 N.E.2d 747
386 N.Y.S.2d 99

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