Failure to follow administrative procedures precludes judicial review
Miller v Nassau County, 297 A.D.2d 344
The Appellate Division, Second Department, dismissed the appeal filed by Benjetta Miller in her attempt to obtain judicial review of Nassau County's placing her and a number of other employees in positions at a "lower salary line."
The Miller ruling illustrates the difficulties confronting an individual seeking a court review of an administrative action if he or she fails to follow the controlling administrative or statutory procedures.
In Miller's case, the Appellate Division found that there were two problems that barred the courts from assuming jurisdiction to review Nassau's placing her on a "lower salary line":
1. Miller failed to exhaust her administrative remedies under the parties' collective bargaining agreement -- i.e., she failed to file a timely grievance; and
2. To the extent that the Miller's claims fall outside of the scope of the collective bargaining agreement, she failed to serve a notice of claim on the County as required by Section 50-e(1)(a) of the General Municipal Law.