Sellstrom v. City of Rye

Appellate Division of the Supreme Court of New York

Sellstrom v. City of Rye

154 A.D.2d 380, 546 N.Y.S.2d 969, 1989 N.Y. App. Div. LEXIS 12239

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

DecidedOctober 2, 1989

StatusPublished

This text of 154 A.D.2d 380 (Sellstrom v. City of Rye) 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

Sellstrom v. City of Rye, 154 A.D.2d 380, 546 N.Y.S.2d 969, 1989 N.Y. App. Div. LEXIS 12239 (N.Y. Ct. App. 1989).

Pincite

Opinion

— In a proceeding pursuant to CPLR article 78 to compel the respondent to determine the petitioner’s grievance, dated August 1, 1987, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Walsh, J.), entered February 2, 1988, which, upon granting the respondent’s cross motion, dismissed the proceeding.

Ordered that the order and judgment is reversed, on the law, with costs, the petition is granted, and the respondent is [381]*381directed to determine the petitioner’s grievance dated August 1, 1987.

The Supreme Court erred in holding that the petitioner’s complaint with respect to the placement of a critical memorandum in his personnel file was not grievable within the definition of a grievance in the parties’ collective bargaining agreement (see, Matter of DeVito v City of Rye, 154 AD2d 373 [decided herewith]).

We have considered the remaining contentions and find them to be without merit. Mangano, J. P., Brown, Kooper and Sullivan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In a proceeding pursuant to CPLR article 78 to compel the respondent to determine the petitioner’s grievance, dated August 1, 1987, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Walsh, J.), entered February 2, 1988, which, upon granting the respondent’s cross motion, dismissed the proceeding.

Ordered that the order and judgment is reversed, on the law, with costs, the petition is granted, and the respondent is [381]*381directed to determine the petitioner’s grievance dated August 1, 1987.

The Supreme Court erred in holding that the petitioner’s complaint with respect to the placement of a critical memorandum in his personnel file was not grievable within the definition of a grievance in the parties’ collective bargaining agreement (see, Matter of DeVito v City of Rye, 154 AD2d 373 [decided herewith]).

We have considered the remaining contentions and find them to be without merit. Mangano, J. P., Brown, Kooper and Sullivan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

154 A.D.2d 380, 546 N.Y.S.2d 969, 1989 N.Y. App. Div. LEXIS 12239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellstrom-v-city-of-rye-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack