Matter of Dourdounas v. City of New York

Summary

The Court affirmed the dismissal of Mr. Dourdounas's CPLR article 78 petition, holding that a claim arising solely under a collective bargaining agreement that contains a mandatory grievance process must be brought in a plenary breach‑of‑contract action (and, if alleging employer breach, must also allege the union’s breach of its duty of fair representation); such claims cannot be pursued via article 78. The decision also noted that the Appellate Division erred in applying the article‑78 limitations period but affirmed on the proper procedural ground.