Home/New York Court of Appeals/MATTER OF DYE v. New York City Transit Auth.

MATTER OF DYE v. New York City Transit Auth.

442 N.E.2d 1271, 57 N.Y.2d 917, 456 N.Y.S.2d 760, 1982 N.Y. LEXIS 3792
CourtNew York Court of Appeals
DecidedOctober 19, 1982
StatusPublished
Cited by33 cases

This text of 442 N.E.2d 1271 (MATTER OF DYE v. New York City Transit Auth.) 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
MATTER OF DYE v. New York City Transit Auth., 442 N.E.2d 1271, 57 N.Y.2d 917, 456 N.Y.S.2d 760, 1982 N.Y. LEXIS 3792 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be hffirmed, with costs.

The determination upholding as against a claim of unconstitutionality the provision in the collective bargaining *920 agreement for arbitration of employee disciplinary grievances accords with the law of this State (Antinore v State of New York, 40 NY2d 921). With respect to the challenge to the arbitrator’s award on the merits, review under article 78 is not available (see CPLR 7511). Appellant’s claim based on the alleged failure of respondent to have reinstated him to his former position in accordance with the terms of the arbitration award is not within the scope of this proceeding as defined by the petition.

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

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

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442 N.E.2d 1271, 57 N.Y.2d 917, 456 N.Y.S.2d 760, 1982 N.Y. LEXIS 3792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-dye-v-new-york-city-transit-auth-ny-1982.