MATRISCIANO v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF LONG BEACH (1999)

In an action, inter alia, to recover damages for breach of a collective bargaining agreement, the plaintiff appeals from an order of the Supreme Court, Nassau County (Segal, J.), dated July 6, 1998, which granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211.   To the extent that the plaintiff sought reinstatement with back pay to her position as a school bus driver based upon alleged violations of her contractual rights, her failure to file a notice of claim is fatal to her case (see, Matter of Stevens v. Board of Educ., McGraw Cent. School Dist., 261 A.D.2d 698, 689 N.Y.S.2d 730;  Matter of Sainato v. Western Suffolk BOCES, 242 A.D.2d 301, 661 N.Y.S.2d 43;  Matter of McClellan v. Alexander Cent. School Bd. of Educ., 201 A.D.2d 898, 607 N.Y.S.2d 812).   In any event, the Supreme Court correctly determined that the collective bargaining agreement did not require that the plaintiff be given notice of charges and a hearing, and therefore there was no contractual violation (see, Matter of Montero v. Lum, 68 N.Y.2d 253, 257, n. 3, 508 N.Y.S.2d 397, 501 N.E.2d 5;  Matter of Robbins v. Malone Cent. School Dist., 182 A.D.2d 890, 581 N.Y.S.2d 493).

The plaintiff's remaining contentions are without merit (see, Matter of Voorhis v. Warwick Val. Cent. School Dist., 92 A.D.2d 571, 459 N.Y.S.2d 325;  see also, Matter of Lutwin v. Alleyne, 58 N.Y.2d 889, 460 N.Y.S.2d 498, 447 N.E.2d 46;  Brandt v. BOCES, 2d Cir., 820 F.2d 41, 43).

MEMORANDUM BY THE COURT.