(Download) "Micucci v. Board of Education" by Appellate Term, Second Department New York Supreme Court ~ eBook PDF Kindle ePub Free

eBook details

Title: Micucci v. Board of Education
Author : Appellate Term, Second Department New York Supreme Court
Release Date : January 21, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

In this action for alleged breach of a collective bargaining agreement through defendants refusal to compensate plaintiff Tobias Daempfle for accrued sick and vacation leave time when he left his employment with defendant, the court below erred in dismissing the complaint for failure to exhaust administrative remedies, a ground not raised in defendants motion to dismiss (see Goldstein v Haberman, 183 AD2d 807 [1992]). Plaintiffs in fact had pleaded (and defendants affidavit in support of its motion to dismiss had confirmed) that the parties administrative grievance system had been exhausted, and the court was required to treat this pleading as true upon a motion to dismiss pursuant to CPLR 3211 absent specific documentary proof to the contrary, which defendant did not provide (see Arnav Indus. v Brown, Raysman, Millstein, Felder & Steiner, 96 NY2d 300, 303-304 [2001]).