Opinion
February 10, 2000
Order, Supreme Court, New York County (Jane Solomon, J.), entered October 6, 1998, which, in an action by plaintiff former public employee against defendant agency for various payments allegedly due under a collective agreement, granted defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.
Alan E. Wolin, for plaintiff-appellant.
Mark F. Walter, for defendant-respondent.
SULLIVAN, J.P., MAZZARELLI, ELLERIN, LERNER, FRIEDMAN, JJ.
Plaintiff has no right to sue defendant under the subject collective bargaining agreement, her remedies for breaches thereof being limited to the grievance procedure set forth therein (see, Matter of Board of Educ. v. Ambach, 70 N.Y.2d 501, cert denied sub nom. Margolin v. Board of Educ., 485 U.S. 1034). Plaintiff did not gain a right to sue by reason of her union's refusal to take up her grievance, unless such refusal amounted to a breach by the union of its duty of fair representation (see, id., at 508, 511;Matter of Sapadin v. Board of Educ., 246 A.D.2d 359), which is not shown here. We have considered plaintiff's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.