Garvey v. Brown

Appellate Division of the Supreme Court of New York

Garvey v. Brown

191 A.D.2d 220, 594 N.Y.S.2d 238

Appellate Division of the Supreme Court of the State of New York·Decided March 9, 1993·Published

Opinion

—Order, Supreme Court, New York County (Stanley Sklar, J.), entered November 18, 1991, which, to the extent appealed from, denied petitioner’s application for a preliminary injunction pursuant to CPLR 7502 (c), unanimously affirmed, without costs.

Unlike the collective bargaining agreement between the City of New York and the Sergeant’s Benevolent Association, the Lieutenant’s Benevolent Association collective bargaining agreement did not incorporate the terms of either the Impasse Panel report or the 1981 memorandum of agreement on the subject of solo supervisory radio motor patrols, and thus the grievance is not an arbitrable controversy.

We have considered petitioner’s other arguments and find them to be without merit. Concur — Murphy, P. J., Sullivan, Rosenberger, Asch and Rubin, JJ.

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—Order, Supreme Court, New York County (Stanley Sklar, J.), entered November 18, 1991, which, to the extent appealed from, denied petitioner’s application for a preliminary injunction pursuant to CPLR 7502 (c), unanimously affirmed, without costs.

Unlike the collective bargaining agreement between the City of New York and the Sergeant’s Benevolent Association, the Lieutenant’s Benevolent Association collective bargaining agreement did not incorporate the terms of either the Impasse Panel report or the 1981 memorandum of agreement on the subject of solo supervisory radio motor patrols, and thus the grievance is not an arbitrable controversy.

We have considered petitioner’s other arguments and find them to be without merit. Concur — Murphy, P. J., Sullivan, Rosenberger, Asch and Rubin, JJ.

Garvey v. Brown, 191 A.D.2d 220, 594 N.Y.S.2d 238 (N.Y. Ct. App. 1993).

Pincite

191 A.D.2d 220 (Garvey v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.