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Justice Kenney Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=121197 PETITIONER tenured teacher sought to annul and reverse an unsatisfactory rating (U-rating) and remove same from his employment file. Respondents cross-moved seeking a pre-answer order dismissing the pleadings, arguing petitioner failed to exhaust his administrative remedies by not filing a grievance after he received his U-rating. The court noted it was undisputed that petitioner did not file a grievance after receiving the rating. Petitioner alleged he did not avail himself of the grievance procedure pursuant to the collective bargaining agreement (CBA) as he believed that by requesting the hearing he was properly “grieving” his U-rating. The court stated that simply because petitioner took an appeal of the rating did not abrogate his responsibility to bring the grievance under the CBA, Thus, as petitioner failed to exhaust the administrative remedies, he lacked standing to bring an Article 78 proceeding. As such, the U-rating was unreviewable and the court dismissed the petition.

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