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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
New York Court of Appeals·Decided May 12, 1981·Published·Cited by 6 cases

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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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).

423 N.E.2d 53 (Heslin v. City of Cohoes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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