United Environmental Workers C.W.A. Local 1186 v. Buffalo Sewer Authority

Appellate Division of the Supreme Court of New York

United Environmental Workers C.W.A. Local 1186 v. Buffalo Sewer Authority

209 A.D.2d 1038, 619 N.Y.S.2d 999

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

DecidedNovember 16, 1994

StatusPublished

This text of 209 A.D.2d 1038 (United Environmental Workers C.W.A. Local 1186 v. Buffalo Sewer Authority) 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.

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United Environmental Workers C.W.A. Local 1186 v. Buffalo Sewer Authority, 209 A.D.2d 1038, 619 N.Y.S.2d 999 (N.Y. Ct. App. 1994).

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Opinion

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition challenging the elimination of the truck driver positions with the Buffalo Sewer Authority held by petitioners Daniel Lewandowski, Frederick Napierala and Matthew Raniero. Petitioners concede that the Authority’s action was motivated by legitimate economic concerns, and the record contains no evidence that bad faith was a motivating factor (see, Matter of Piekielniak v Axelrod, 92 AD2d 968, lv denied 59 NY2d 603). We have considered the remaining arguments raised on appeal and conclude that they are without merit. (Appeal from Judgment of Supreme Court, Erie County, Joslin, J.—Article 78.) Present —Green, J. P., Lawton, Fallon, Doerr and Davis, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition challenging the elimination of the truck driver positions with the Buffalo Sewer Authority held by petitioners Daniel Lewandowski, Frederick Napierala and Matthew Raniero. Petitioners concede that the Authority’s action was motivated by legitimate economic concerns, and the record contains no evidence that bad faith was a motivating factor (see, Matter of Piekielniak v Axelrod, 92 AD2d 968, lv denied 59 NY2d 603). We have considered the remaining arguments raised on appeal and conclude that they are without merit. (Appeal from Judgment of Supreme Court, Erie County, Joslin, J.—Article 78.) Present —Green, J. P., Lawton, Fallon, Doerr and Davis, JJ.

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209 A.D.2d 1038, 619 N.Y.S.2d 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-environmental-workers-cwa-local-1186-v-buffalo-sewer-authority-nyappdiv-1994.

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