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Thomas v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 2004
10 A.D.3d 359 (N.Y. App. Div. 2004)

Opinion

2003-08597

Decided August 2, 2004.

In an action, inter alia, to recover damages for breach of a collective bargaining agreement, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 17, 2003, which granted the defendant's motion to dismiss the second cause of action pursuant to CPLR 3211 (a) (7).

Before: Florio, J.P., S. Miller, Rivera and Lifson, JJ., concur.


Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the second cause of action asserted in the complaint. The defendant's rejection of the arbitrator's advisory award was permissible pursuant to the collective bargaining agreement and was not subject to an "arbitrary and capricious" standard of review ( see Carter v. County of Nassau, 8 AD3d 603; Matter of O'Brien v. Board of Educ. of City School Dist. of City of N.Y., 71 AD2d 605, 606).


Summaries of

Thomas v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 2004
10 A.D.3d 359 (N.Y. App. Div. 2004)
Case details for

Thomas v. County of Nassau

Case Details

Full title:ELLEN THOMAS et al., Appellants, v. COUNTY OF NASSAU, Respondent

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

Date published: Aug 2, 2004

Citations

10 A.D.3d 359 (N.Y. App. Div. 2004)
780 N.Y.S.2d 296

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