Society of New York Hospital v. New York State Labor Relations Board

New York Court of Appeals

Society of New York Hospital v. New York State Labor Relations Board

316 N.E.2d 344, 34 N.Y.2d 838, 359 N.Y.S.2d 61, 1974 N.Y. LEXIS 1501

CourtNew York Court of Appeals

DecidedJune 13, 1974

StatusPublished

Cited by1 cases

This text of 316 N.E.2d 344 (Society of New York Hospital v. New York State Labor Relations Board) 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

Society of New York Hospital v. New York State Labor Relations Board, 316 N.E.2d 344, 34 N.Y.2d 838, 359 N.Y.S.2d 61, 1974 N.Y. LEXIS 1501 (N.Y. 1974).

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Opinion

Memorandum. Appeal dismissed, without costs, on the ground that, for reasons of public policy this is not a propar case for judgment absolute on stipulation (see, e.g., Weiman v. Weiman, 295 N. Y. 150, 153-154; Matter of Decker v. Story, 259 N. Y. 580; People ex rel. Judson v. Thacher, 55 N. Y. 525, 537; see, generally, Cohen and Karger, Powers of the New York Court of Appeals, pp. 286-289; 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5601.13). The stipulation must be rejected because its effect might be to establish or reject an appropriate bargaining unit for hospital employees without regard to the actual merits of the controversy or interests of persons concerned, but not parties to the appeal. Such an anomalous result, in contravention of public policy, was never intended by the framers of the Constitution or the Legislature (cf. Weiman v. Weiman, 295 N. Y. 150, 154, supra).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin concur in memorandum; Judge Stevens taking no part.

Appeal dismissed, without costs.

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Memorandum. Appeal dismissed, without costs, on the ground that, for reasons of public policy this is not a propar case for judgment absolute on stipulation (see, e.g., Weiman v. Weiman, 295 N. Y. 150, 153-154; Matter of Decker v. Story, 259 N. Y. 580; People ex rel. Judson v. Thacher, 55 N. Y. 525, 537; see, generally, Cohen and Karger, Powers of the New York Court of Appeals, pp. 286-289; 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5601.13). The stipulation must be rejected because its effect might be to establish or reject an appropriate bargaining unit for hospital employees without regard to the actual merits of the controversy or interests of persons concerned, but not parties to the appeal. Such an anomalous result, in contravention of public policy, was never intended by the framers of the Constitution or the Legislature (cf. Weiman v. Weiman, 295 N. Y. 150, 154, supra).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin concur in memorandum; Judge Stevens taking no part.

Appeal dismissed, without costs.

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316 N.E.2d 344, 34 N.Y.2d 838, 359 N.Y.S.2d 61, 1974 N.Y. LEXIS 1501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/society-of-new-york-hospital-v-new-york-state-labor-relations-board-ny-1974.

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