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OFF. OF CHILDREN v. LANTERMAN

No. 31

14 N.Y.3d 275 (2010)

926 N.E.2d 233

899 N.Y.S.2d 726

In the Matter of NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES et al., Respondents, v. LAUREN LANTERMAN et al., Appellants. In the Matter of New York STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES et al., Appellants, v. VICTOR ORTIZ et al., Respondents.

Court of Appeals of New York.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Edward J. Aluck , Albany, and William P. Seamon for appellants in the first above-entitled proceeding.

Andrew M. Cuomo , Attorney General, Albany ( Julie M. Sheridan , Barbara D. Underwood and Andrew D. Bing of counsel), for respondents in the first above-entitled proceeding.

James R. Sandner , Latham, and James D. Bilik for New York State United Teachers, amicus curiae in the first above-entitled proceeding.

Andrew M. Cuomo , Attorney General, Albany ( Julie M. Sheridan , Barbara D. Underwood and Andrew D. Bing of counsel), for appellants in the second above-entitled proceeding.

Edward J. Aluck , Albany, and William P. Seamon for respondents in the second above-entitled proceeding.

Nancy E. Hoffman , Albany, and Leslie C. Perrin for Civil Service Employees Association, Inc., Local 1000, AFSCME, AFLCIO, amicus curiae in the first and second above-entitled proceedings.

Judges GRAFFEO, READ, PIGOTT and JONES concur with Judge SMITH; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

SMITH, J.

In these two cases, state employees who were dismissed because they lacked the credentials required for their jobs seek to arbitrate the question of whether their dismissals were disciplinary actions. Under our decision in Matter of Felix v New York City Dept. of Citywide Admin. Servs. (3 N.Y.3d 498 [2004]), the dismissals clearly were not disciplinary, and the employees' assertion...

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