Heslin v. City of Cohoes

Mahoney, P. J. (dissenting).

I agree with the analysis of my codissenter and conclude that the respondent City of Cohoes did not violate public policy by agreeing to abide by its past practice of making provisional appointments from an eligible list which contained less than three names. In Matter of Sprinzen (Nomberg) (46 NY2d 623), the Court of Appeals clearly cautioned courts to refrain from disturbing the arbitration process, under the guise of public policy, unless "public policy considerations, embodied in statute or decisional law, prohibit, in an absolute sense, particular matters…