Thomas v. County of Nassau

Appellate Division of the Supreme Court of New York

Thomas v. County of Nassau

10 A.D.3d 359, 780 N.Y.S.2d 296, 2004 N.Y. App. Div. LEXIS 10125

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

DecidedAugust 2, 2004

StatusPublished

Cited by1 cases

This text of 10 A.D.3d 359 (Thomas v. County of Nassau) 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

Thomas v. County of Nassau, 10 A.D.3d 359, 780 N.Y.S.2d 296, 2004 N.Y. App. Div. LEXIS 10125 (N.Y. Ct. App. 2004).

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Opinion

[360]*360In an action, inter alia, to recover damages for breach of a collective bargaining agreement, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 17, 2003, which granted the defendant’s motion to dismiss the second cause of action pursuant to CPLR 3211 (a) (7).

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the second cause of action asserted in the complaint. The defendant’s rejection of the arbitrator’s advisory award was permissible pursuant to the collective bargaining agreement and was not subject to an “arbitrary and capricious” standard of review (see Carter v County of Nassau, 8 AD3d 603 [2004]; Matter of O’Brien v Board of Educ. of City School Dist. of City of N.Y., 71 AD2d 605, 606 [1979]). Florio, J.P., S. Miller, Rivera and Lifson, JJ, concur.

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[360]*360In an action, inter alia, to recover damages for breach of a collective bargaining agreement, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 17, 2003, which granted the defendant’s motion to dismiss the second cause of action pursuant to CPLR 3211 (a) (7).

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the second cause of action asserted in the complaint. The defendant’s rejection of the arbitrator’s advisory award was permissible pursuant to the collective bargaining agreement and was not subject to an “arbitrary and capricious” standard of review (see Carter v County of Nassau, 8 AD3d 603 [2004]; Matter of O’Brien v Board of Educ. of City School Dist. of City of N.Y., 71 AD2d 605, 606 [1979]). Florio, J.P., S. Miller, Rivera and Lifson, JJ, concur.

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Bluebook (online)

10 A.D.3d 359, 780 N.Y.S.2d 296, 2004 N.Y. App. Div. LEXIS 10125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-county-of-nassau-nyappdiv-2004.

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