Rosioreanu v. New York City Office of Collective Bargaining

Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered April 7, 2009, dismissing this CPLR article 78 proceeding to annul a determination of the New York City Board of Collective Bargaining (BCB) on an objection in point of law, unanimously affirmed, without costs.

The application court correctly found the City, petitioner’s public agency employer and petitioner’s union to be necessary parties to this proceeding, but incorrectly held they could not be joined because the statute of limitations had run. “When a person who should be joined . . . has not been made a party and is…