Tesoriero v. Miller
Appellate Division of the Supreme Court of the State of New York
1Per curiam
It is well settled that the courts of this State will not intervene to take jurisdiction of cases involving the disciplining or expulsion of union members from their union until such ousted or disciplined member has exhausted the right of appeal available to him -within the union. (Havens v. King, 221 App. Div. 475, affd. 250 N. Y. 617.)
Since union membership frequently involves the right to earn a living, exception to the general rule above referred to is made in those instances where the member is wrongfully ousted, if it appears that no relief would result from prosecuting his appeal…
2Cases cited16 opinions
- Polin v. KaplanNew York Court of Appeals · 1931
- Matter of Brown v. . Order of ForestersNew York Court of Appeals · 1903
- Browne v. HibbetsNew York Court of Appeals · 1943
- Nissen v. International BrotherhoodSupreme Court of Iowa · 1941
- Dusing v. NuzzoNew York Supreme Court · 1941
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3Cited by13 opinions
- Gene Detroy v. American Guild of Variety Artists, Joey Adams, as Its President and Joe Smith, as Its TreasurerCourt of Appeals for the Second Circuit · 1961
- Pinsker v. Pacific Coast Society of OrthodontistsCalifornia Supreme Court · 1974
- Rambert L. Simmons v. Avisco, Local 713, Textile Workers Union of AmericaCourt of Appeals for the Fourth Circuit · 1965
- Hurwitz v. Directors Guild of America, Inc.Court of Appeals for the Second Circuit · 1966
- Caliendo v. McFarlandNew York Supreme Court · 1958
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