Matter of Canty v. Spooner

Full title: In the Matter of BURRELL CANTY, Appellant, v. JOHN B. SPOONER, as…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 10, 1993

194 A.D.2d 396 (N.Y. App. Div. 1993)

598 N.Y.S.2d 505

Opinion

June 10, 1993

Appeal from the Supreme Court, New York County (Lewis R. Friedman, J.).

Neither OATH nor Judge Spooner are proper parties because petitioner seeks no relief against them. The determination which petitioner seeks to review is that of the Transit Authority terminating his employment (see, Matter of Simpson v Wolansky, 38 N.Y.2d 391, 394). The remaining respondents' motion for a change of venue to Kings County was properly granted. The decision to terminate petitioner was made by the Transit Authority whose offices are situated in Brooklyn. (CPLR 506 [b].) Petitioner's additional claims are not yet ripe for review.

Concur — Sullivan, J.P., Milonas, Ellerin and Asch, JJ.