Legal Opinion

In re Hess

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

Decided November 8, 1979PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Mahoney, P. J.

Since the facts in each proceeding are not in dispute, and involve construction of the same statutory provision for resolution, the following discussion is germane to each proceeding. Each claimant is a nonprofessional employee of an educational institution and a member of a collective bargaining unit.

Claimant Hess’ bargaining unit had an agreement covering the period from July 1, 1977 to June 30, 1979. However, there was no provision in the contract guaranteeing Hess employment for the school year commencing September, 1978. On June 23, 1978 the school…

2Cases cited4 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. In re the Claim of KleinAppellate Division of the Supreme Court of the State of New York · 1973
  3. In re the Appointment of a Member of the Committee on Character & Fitness of ApplicantsAppellate Division of the Supreme Court of the State of New York · 1974
  4. In re the Claim of DeitchmanAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by5 opinions

  1. In re the Claim of DwyerAppellate Division of the Supreme Court of the State of New York · 1979
  2. In re the Claim of PeakAppellate Division of the Supreme Court of the State of New York · 1979
  3. In re the Claim of McCannAppellate Division of the Supreme Court of the State of New York · 1980
  4. Spencerport Transportation Ass'n v. Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1981
  5. John Civetta & Sons, Inc. v. Environmental Control BoardNew York Supreme Court · 1982

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