Cox v. Carey
The petitioner, a probationary cook, was terminated by the New York Department of Correctional Services despite a prior Human Rights Division ruling in her favor regarding sex discrimination in hiring. She initiated a CPLR article 78 proceeding to challenge this termination, alleging it was arbitrary and capricious. However, respondents sought dismissal, arguing that the petitioner had not exhausted her administrative remedies, having also filed a second complaint with the State Human Rights Division concerning the termination. The court, presided over by Judge Aaron E. Klein, granted the respondents' motion, dismissing the petition. The judge ruled that the petitioner's allegations could be adequately reviewed through the ongoing Human Rights Division proceedings, emphasizing the doctrine of exhaustion of administrative remedies.