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MATTER OF CARRUBE v. NEW YORK CITY TRANSIT AUTHORITY

291 A.D.2d 558 (2002)

738 N.Y.S.2d 67

In the Matter of MICHAEL CARRUBE et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided February 25, 2002.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioners' contention, there is no implied private right of action for alleged violations of Labor Law §§ 162 and 166. When statutes are silent on whether a private right of action exists the court must determine if such a right may be fairly implied (see, Burns Jackson Miller Summit & Spitzer v Lindner, 59 N.Y.2d 314, 325). A three-prong test...

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