Greaney v. Poston

Objection in point of law no. 2 sustained and petition dismissed, without costs.

That the employer is a necessary party to his employee’s article 78 proceeding brought, basically, to accomplish the employee’s reinstatement in the employment seems too clear to require extended discussion (CPLR 1001). Necessarily, and as a matter of1 course, the employer — the Comptroller — was a party to the appeal prosecuted before the commission and petitioner suggests no reason for depriving the employer of participation in this further review process. The direct and operative determination is that to…