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ROMAN v. CITY EMPLOYEES UNION LOCAL 237

300 A.D.2d 142 (2002)

753 N.Y.S.2d 48

CARLOS ROMAN, Appellant, v. CITY EMPLOYEES UNION LOCAL 237 et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 17, 2002.

The allegations by plaintiff against defendant union clearly constitute a claim that he was improperly represented by such union, not one for breach of contract as plaintiff urges in opposing dismissal of his claim as time-barred. The expedient of characterizing a claim for breach of the duty of fair representation as one for breach of contract is unavailing to avoid the four-month limitations period prescribed in CPLR 217 (2) (a) (see Dolce v Bayport-Blue Point Union...

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