Rochester Fire Fighters Ass'n v. Public Employment Relations Board

Appellate Division of the Supreme Court of New York

Rochester Fire Fighters Ass'n v. Public Employment Relations Board

182 A.D.2d 1081, 586 N.Y.S.2d 768, 1992 N.Y. App. Div. LEXIS 6940

Appellate Division of the Supreme Court of the State of New York·Decided April 24, 1992·Published

Opinion

Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is substantial evidence in the record to support respondent’s conclusion that Richard P. Mattice was not bypassed for promotion to Fire Captain because of his protected union activities (see, Civil Service Law § 209-a [1] [c]; Matter of Levitt v Board of Collective Bargaining, 79 NY2d 120). (Article 78 Proceeding Transferred by Order of Supreme Court, Monroe County, Boehm, J.) Present —Callahan, J. P., Green, Balio, Lawton and Fallon, JJ.

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Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is substantial evidence in the record to support respondent’s conclusion that Richard P. Mattice was not bypassed for promotion to Fire Captain because of his protected union activities (see, Civil Service Law § 209-a [1] [c]; Matter of Levitt v Board of Collective Bargaining, 79 NY2d 120). (Article 78 Proceeding Transferred by Order of Supreme Court, Monroe County, Boehm, J.) Present —Callahan, J. P., Green, Balio, Lawton and Fallon, JJ.

Rochester Fire Fighters Ass'n v. Public Employment Relations Board, 182 A.D.2d 1081, 586 N.Y.S.2d 768, 1992 N.Y. App. Div. LEXIS 6940 (N.Y. Ct. App. 1992).

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Opinion

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