Russell v. Nassau Regional Off-Track Betting Corp.

OPINION OF THE COURT

Howard E. Levitt, J.

In this action for a declaratory judgment both defendants move for summary judgment.

There is no substantial dispute as to the facts. Plaintiff was employed by defendant Nassau Regional Off-Track Betting Corporation (NOTE) from March 31, 1975 through June 2, 1976 when his services were terminated. At that time, a collective bargaining agreement was in effect between the defendants. A grievance was filed based upon the claim that plaintiff was entitled to a hearing. Although defendant NOTE *775contended throughout that plaintiff was not so entitled, it…