IN RE: David H. ADLER (2006)

Judgment, Supreme Court, New York County (Eileen Bransten, J.), entered September 6, 2005, denying the petition and dismissing this proceeding seeking to set aside the title classification of State Court Officer Lieutenant, to vacate all appointments made under that title and to permanently enjoin respondent from making any further such appointments, unanimously affirmed, without costs.

 Petitioner unreasonably delayed bringing this challenge to the noncompetitive classification of the recently created position on the grounds that it is arbitrary and contrary to law, thereby prejudicing respondent (see Matter of Schulz v. State of New York, 81 N.Y.2d 336, 347-349, 599 N.Y.S.2d 469, 615 N.E.2d 953 [1993] ).   Petitioner failed to exhaust his administrative remedies (see YMCA v. Rochester Pure Waters Dist., 37 N.Y.2d 371, 375, 372 N.Y.S.2d 633, 334 N.E.2d 586 [1975] );  he was not excused from the administrative appeal process by his bare allegations that respondent violated his constitutional rights or that an administrative appeal would have been futile.   Contrary to petitioner's contention, respondent was not required to hold a hearing on the classification (Matter of Uzenski v. Nadel, 112 A.D.2d 684, 685-686, 492 N.Y.S.2d 186 [1985];  see generally Corkum v. Bartlett, 46 N.Y.2d 424, 414 N.Y.S.2d 98, 386 N.E.2d 1066 [1979] ).   Petitioner also failed to join the newly appointed lieutenants as necessary parties (see Matter of McGuinn v. City of New York, 219 A.D.2d 489, 645 N.Y.S.2d 770 [1995], lv. denied 87 N.Y.2d 966, 642 N.Y.S.2d 193, 664 N.E.2d 1256 [1996] ).