Melia v. City of Buffalo

—Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered January 31, 2001, which, inter alia, granted plaintiffs motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted and the complaint is dismissed.

Memorandum: In 1974 plaintiff was appointed to a civil service position as a motor equipment operator for defendant, City of Buffalo (City). He was a member of the American Federation of State, County, and Municipal Employees AFL-CIO…