IN THE MATTER OF HAMMOND v. VILLAGE OF ELMSFORD

ORDERED that the order and judgment is affirmed, with costs.

This proceeding was improperly brought before the petitioner exhausted his administrative remedies ( see Matter of Plummer v. Klepak, 48 N.Y.2d 486, cert denied 445 U.S. 952; Matter of Cafiero v. Board of Educ. of City School Dist. of City of New York, 284 A.D.2d 330). Article 13 of the parties' collective bargaining agreement provided a four-step grievance process that the petitioner should have utilized to challenge the decision by the respondent Trustees of the Village of Elmsford to terminate his employment without first holding a hearing. The petitioner failed to do so, and therefore, could not bring this proceeding ( see Matter of Brown v. County of Nassau, 288 A.D.2d 216). The petitioner's contentions that he should not have been required to comply with the grievance procedure because it was vague, and that the termination of his employment was unconstitutional, are without merit.

The petitioner's remaining contentions are without merit.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.