Heslin v. City of Cohoes

New York Court of Appeals

Heslin v. City of Cohoes

423 N.E.2d 53, 53 N.Y.2d 903, 440 N.Y.S.2d 630, 1981 N.Y. LEXIS 2462

CourtNew York Court of Appeals

DecidedMay 12, 1981

StatusPublished

Cited by6 cases

This text of 423 N.E.2d 53 (Heslin v. City of Cohoes) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heslin v. City of Cohoes, 423 N.E.2d 53, 53 N.Y.2d 903, 440 N.Y.S.2d 630, 1981 N.Y. LEXIS 2462 (N.Y. 1981).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the motion to confirm the arbitration award granted for the reasons stated in the dissenting opinion of Justice Herlihy of that court.

In addition, we would emphasize that the appointment to be made in furtherance of the arbitration award is provisional in nature, and in no way binds the municipality to select a permanent appointee to the position from a statutorily inadequate list (Civil Service Law, §61, subd 1). Therefore, the award cannot be said to violate public policy (see Matter of Sprinzen [Nomberg], 46 NY2d 623).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed, with costs, and the motion to confirm the arbitration award granted in a memorandum.

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