Legal Opinion

Transport Workers Union of Greater N.Y. v. Bianco

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

Decided July 9, 2015No. 15696 652798/13Published

1Opinion of the Court

Order, Supreme Court, New York County (Anil C. Singh, J.), entered September 2, 2014, which, inter alia, granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

The court properly dismissed plaintiff union’s complaint alleging that the collective bargaining agreement provision setting forth procedures for predisciplinary suspensions was void under Civil Service Law § 75. “Rights under Civil Service Law § 75 may be supplemented, modified or replaced by the terms of a collective bargaining agreement” (Matter of Patel v New York City Hous. Auth., 26 AD3d 172, 174…

2Cases cited2 opinions

  1. Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  2. Patel v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006

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