Kounas v. Abate

Appellate Division of the Supreme Court of New York

Kounas v. Abate

222 A.D.2d 315, 635 N.Y.S.2d 585, 1995 N.Y. App. Div. LEXIS 13022

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

DecidedDecember 19, 1995

StatusPublished

This text of 222 A.D.2d 315 (Kounas v. Abate) 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

Kounas v. Abate, 222 A.D.2d 315, 635 N.Y.S.2d 585, 1995 N.Y. App. Div. LEXIS 13022 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered June 21, 1994, which denied petitioners’ application pursuant to CPLR article 78 to compel respondents to transfer petitioners to a command of their choice in accordance with a negotiated plea agreement entered into by the parties in settlement of a disciplinary proceeding, unanimously affirmed, without costs.

Respondents’ refusal to implement petitioners’ transfer requests was not a violation of the plea agreement. That agreement did not give petitioners the absolute power to dictate their assignment, but rather left final approval thereof with the Division Chief, who took the position that the Department’s staffing needs required that petitioners be assigned to a jail facility, not the specialty units they sought. Given final authority in the Chief, any failure by the Deputy Commissioner to "recommend to the * * * Chief that [petitioners] be accom[316]*316modated at one of the three selected commands”, as required by the plea agreement, could not have caused petitioners any harm. Concur — Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered June 21, 1994, which denied petitioners’ application pursuant to CPLR article 78 to compel respondents to transfer petitioners to a command of their choice in accordance with a negotiated plea agreement entered into by the parties in settlement of a disciplinary proceeding, unanimously affirmed, without costs.

Respondents’ refusal to implement petitioners’ transfer requests was not a violation of the plea agreement. That agreement did not give petitioners the absolute power to dictate their assignment, but rather left final approval thereof with the Division Chief, who took the position that the Department’s staffing needs required that petitioners be assigned to a jail facility, not the specialty units they sought. Given final authority in the Chief, any failure by the Deputy Commissioner to "recommend to the * * * Chief that [petitioners] be accom[316]*316modated at one of the three selected commands”, as required by the plea agreement, could not have caused petitioners any harm. Concur — Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.

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Bluebook (online)

222 A.D.2d 315, 635 N.Y.S.2d 585, 1995 N.Y. App. Div. LEXIS 13022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kounas-v-abate-nyappdiv-1995.