Seabrook v. City of New York

Appellate Division of the Supreme Court of New York

Seabrook v. City of New York

57 A.D.3d 232, 867 N.Y.2d 681

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

DecidedDecember 4, 2008

StatusPublished

This text of 57 A.D.3d 232 (Seabrook v. City of New York) 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

Seabrook v. City of New York, 57 A.D.3d 232, 867 N.Y.2d 681 (N.Y. Ct. App. 2008).

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Opinion

[233]*233The agency policy of not allowing an employee to consult with a union representative after a question is posed and before an answer must be given, at an interrogation conducted pursuant to Mayoral Executive Order No. 16, was reasonably designed to promote truthful responses by discouraging coaching. This did not deprive the employee of his right to union representation under Civil Service Law § 75 (2) or NLRB v J. Weingarten, Inc. (420 US 251 [1975]). While plaintiff relies on Commonwealth of Pennsylvania v Pennsylvania Labor Relations Bd. (826 A2d 932 [Pa 2003]), which holds the opposite, that case is not binding on this court and we reject its reasoning. Concur—Lippman, P.J., Saxe, Friedman, Sweeny and Acosta, JJ. [See 2007 NY Slip Op 31103(U).]

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[233]*233The agency policy of not allowing an employee to consult with a union representative after a question is posed and before an answer must be given, at an interrogation conducted pursuant to Mayoral Executive Order No. 16, was reasonably designed to promote truthful responses by discouraging coaching. This did not deprive the employee of his right to union representation under Civil Service Law § 75 (2) or NLRB v J. Weingarten, Inc. (420 US 251 [1975]). While plaintiff relies on Commonwealth of Pennsylvania v Pennsylvania Labor Relations Bd. (826 A2d 932 [Pa 2003]), which holds the opposite, that case is not binding on this court and we reject its reasoning. Concur—Lippman, P.J., Saxe, Friedman, Sweeny and Acosta, JJ. [See 2007 NY Slip Op 31103(U).]

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Bluebook (online)

57 A.D.3d 232, 867 N.Y.2d 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seabrook-v-city-of-new-york-nyappdiv-2008.

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