Legal Opinion

Smith v. Sipe

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1985PublishedCited by 13 opinions

1Opinion of the CourtMikoll, J.

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered December 30,1983 in Ulster County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

Plaintiff, a former State correction officer, seeks to recover damages allegedly caused by the breach of the duty of the Security Unit Employees Council 82, AFSCME, AFL-CIO (the union) to fairly represent him. The union is authorized as the exclusive collective bargaining agent for plaintiff and State correctional employees.

In February 1981, plaintiff, in the presence of William…

2Cases cited4 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  3. Civil Service Bar Ass'n v. City of New YorkNew York Court of Appeals · 1984
  4. McKnight v. JoyceAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by13 opinions

  1. Baker v. Board of EducationNew York Court of Appeals · 1987
  2. Civil Service Employees Ass'n v. Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1987
  3. Smith v. SipeNew York Court of Appeals · 1986
  4. Herington v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1987
  5. Braatz v. MathisonAppellate Division of the Supreme Court of the State of New York · 1992

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