Opinion
Argued February 24, 2000.
April 13, 2000.
In an action for specific performance of an alleged oral agreement concerning disciplinary hearings of correction officers with criminal charges pending against them, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered April 12, 1999, which granted the defendant's motion to dismiss the complaint.
Goodstein West, New Rochelle, N.Y. (Robert David Goodstein of counsel), for appellant.
Alan D. Scheinkman, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Deborah A. Porder of counsel), for respondent.
DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff seeks specific performance of an alleged oral agreement which it claims the parties entered into in settlement of a past grievance after administrative hearings were held. Inasmuch as the parties' collective bargaining agreement expressly requires the terms of any grievance settlement to be in writing, the Supreme Court properly determined that the alleged oral agreement could not be enforced. Accordingly, dismissal of the action was proper (cf., Central New York Regional Mkt. Auth. v. John B. Pike, Inc., 120 A.D.2d 958 ).