IN RE: Joseph J. JULICHER (2009)

 Respondents appeal from a judgment in this CPLR article 78 proceeding granting the petition seeking, inter alia, to annul the determination terminating petitioner's employment.   We reverse.  “ [W]here[, as here], a collective bargaining agreement requires that a particular dispute be resolved pursuant to a grievance procedure, an employee's failure to grieve will constitute a failure to exhaust [administrative remedies], thereby precluding relief under CPLR article 78” (Matter of Barrera v. Frontier Cent. School Dist., 227 A.D.2d 890, 891, 643 N.Y.S.2d 275;  see Matter of Plummer v. Klepak, 48 N.Y.2d 486, 489-490, 423 N.Y.S.2d 866, 399 N.E.2d 897,cert. denied 445 U.S. 952, 100 S.Ct. 1601, 63 L.Ed.2d 787;  Matter of Hall v. Town of Henderson, 17 A.D.3d 981, 982, 794 N.Y.S.2d 231, lv. denied 5 N.Y.3d 714, 806 N.Y.S.2d 165, 840 N.E.2d 134).   Here, petitioner commenced the grievance and arbitration procedure pursuant to the collective bargaining agreement between the parties, but failed to complete the procedure before commencing this proceeding, and thus he failed to exhaust his administrative remedies.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.

MEMORANDUM: