Brignoni v. New York State Labor Relations Board

Appellate Division of the Supreme Court of New York

Brignoni v. New York State Labor Relations Board

65 A.D.2d 715, 411 N.Y.S.2d 187, 1978 N.Y. App. Div. LEXIS 13487

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1978

StatusPublished

Cited by2 cases

This text of 65 A.D.2d 715 (Brignoni v. New York State Labor Relations Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brignoni v. New York State Labor Relations Board, 65 A.D.2d 715, 411 N.Y.S.2d 187, 1978 N.Y. App. Div. LEXIS 13487 (N.Y. Ct. App. 1978).

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Opinion

Judgment, Supreme Court, New York County, entered June 21, 1977, granting the petition to the extent of remanding for a hearing, unanimously reversed, on the law, and the petition dismissed, without costs or disbursements. At a minimum, there is no showing of abuse of discretion by respondent board in refusing to involve itself in this dispute by deciding not to issue a complaint. We do not pass on the question of plaintiff’s standing or the judicial reviewability of the board’s action. Treating this matter as an article 78 proceeding, leave to appeal to this court is granted sua sponte by Birns, J. P. (See CPLR 5701, subd [b], par 1; subd [c]; see, also, Matter of Mid-Island Hosp. v Wyman, 15 NY2d 374.) Concur—Birns, J. P., Silverman, Evans, Fein and Lane, JJ.

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Judgment, Supreme Court, New York County, entered June 21, 1977, granting the petition to the extent of remanding for a hearing, unanimously reversed, on the law, and the petition dismissed, without costs or disbursements. At a minimum, there is no showing of abuse of discretion by respondent board in refusing to involve itself in this dispute by deciding not to issue a complaint. We do not pass on the question of plaintiff’s standing or the judicial reviewability of the board’s action. Treating this matter as an article 78 proceeding, leave to appeal to this court is granted sua sponte by Birns, J. P. (See CPLR 5701, subd [b], par 1; subd [c]; see, also, Matter of Mid-Island Hosp. v Wyman, 15 NY2d 374.) Concur—Birns, J. P., Silverman, Evans, Fein and Lane, JJ.

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Bluebook (online)

65 A.D.2d 715, 411 N.Y.S.2d 187, 1978 N.Y. App. Div. LEXIS 13487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brignoni-v-new-york-state-labor-relations-board-nyappdiv-1978.

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