Legal Opinion
Schwab v. Bowen
New York Supreme Court
Decided January 3, 1975PublishedCited by 8 opinions
1Opinion of the CourtJames F. Niehoff, J.
In this proceeding pursuant to CPLR article 78, petitioners seek to enjoin respondents from discharging them as employees of the City of Long Beach.
Respondents have moved to dismiss the' petition on the ground that it fails to state a cause of action. Although the propriety of an article 78 proceeding is questionable (see, e.g., Matter of Corbeau Constr. Corp. v. Board of Educ., 32 A D 2d 958) no objection to the form of this proceeding has been raised. Under the circumstances, this court will ignore the defects in procedure. Inasmuch as there is no real/ factual dispute, the proceeding will…
2Cases cited2 opinions
- In re the Arbitration between Carmel Central School District & Carmel Teachers Ass'nNew York Supreme Court · 1973
- Blatz v. EsserAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by8 opinions
- In re the Arbitration between Saratoga Springs City School District & New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1979
- DeLury v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975
- Schwab v. BowenAppellate Division of the Supreme Court of the State of New York · 1976
- DeLury v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1976
- DeMay v. GomulkaNew York Supreme Court · 1976
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