Nabors v. Town of Somers

In an action, inter alia, to recover damages for wrongful termination of the plaintiffs employment by the Town of Somers and for breach of the duty of fair representation of the plaintiff by CSEA Local 1000/AFSCME, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated October 26, 2007, which granted the motion of CSEA Local 1000/AFSCME to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a) (5) and granted the application of the Town of Somers pursuant to CPLR 7804 (g), in effect, to convert the action insofar as asserted…