Opinion
2001-03238
Submitted May 13, 2002.
June 10, 2002.
In an action to recover damages for breach of a collective bargaining agreement, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Kitson, J.), dated October 18, 2000, which granted the defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action.
Poli LaMura, Northport, N.Y. (John G. Poli III of counsel), for appellant.
John J. Leo, Huntington, N.Y. (Michael G. Levy of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff's cause of action premised upon an alleged breach of the collective bargaining agreement was properly dismissed since the plaintiff failed to proceed in accordance with the provisions of the agreement (see Matter of Board of Educ., Commack Union Free School Dist. v. Ambach, 70 N.Y.2d 501, 508, cert denied sub nom. Margolin v. Board of Ed. Commack Union Free School Dist., 485 U.S. 1034; Matter of Brown v. County of Nassau, 288 A.D.2d 216; Goldstein v. Tabb, 177 A.D.2d 470; Quinn v. County of Nassau, 162 A.D.2d 514).
The plaintiff's remaining contentions are without merit.
FLORIO, J.P., O'BRIEN, KRAUSMAN and LUCIANO, JJ., concur.