Legal Opinion

New York State Office of Children v. Lanterman

New York Court of Appeals

Decided March 25, 2010No. 31PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

In these two cases, state employees who were dismissed because they lacked the credentials required for their jobs seek to arbitrate the question of whether their dismissals were disciplinary actions. Under our decision in Matter of Felix v New York City Dept. of Citywide Admin. Servs. (3 NY3d 498 [2004]), the dismissals clearly were not disciplinary, and the employees’ assertion that they were does not have a relationship with their collective bargaining agreement sufficient to justify arbitration of the issue.

I

Lauren Lanterman was a teacher employed by the…

2Cases cited7 opinions

  1. In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'nNew York Court of Appeals · 1999
  2. In Re the Arbitration Between City of Johnstown & Johnstown Police Benevolent Ass'nNew York Court of Appeals · 2002
  3. Uniform Firefighters of Cohoes v. City of CohoesNew York Court of Appeals · 2000
  4. Felix v. New York City Department of Citywide Administrative ServicesNew York Court of Appeals · 2004
  5. Mandelkern v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1978

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3Cited by20 opinions

  1. Beck-Nichols v. BiancoNew York Court of Appeals · 2013
  2. In re the Arbitration Between Village of Johnson City & Johnson City Firefighters Ass'nAppellate Division of the Supreme Court of the State of New York · 2010
  3. Butkowski v. KieferAppellate Division of the Supreme Court of the State of New York · 2016
  4. Pursuit Investment Management, LLC v. Alpha Beta Capital Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Lutz v. KrokoffNew York Supreme Court · 2012

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