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MATTER OF ROBERTS v. BOARD OF COLLECTIVE BARGAINING OF THE OFFICE OF COLLECTIVE BARGAINING

6232, 104695/08.

90 A.D.3d 440 (2011)

934 N.Y.S.2d 379

2011 NY Slip Op 8807

In the Matter of LILLIAN ROBERTS, as Executive Director of District Council 37, AFSCME, AFL-CIO, Appellant, v. BOARD OF COLLECTIVE BARGAINING OF THE OFFICE OF COLLECTIVE BARGAINING, et al., Respondents.

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

Decided December 6, 2011.

The motion court properly dismissed the petition because petitioner, Executive Director of District Council 37, AFSCME, AFL-CIO, cannot challenge the penalty of dismissal, imposed on union member Zinovy Levitant, in this proceeding. Levitant's termination from his position with the Human Resources Administration (HRA) was preceded by a February 2, 2007 Office of Administrative Trials and Hearings' recommendation and report. Levitant's appeal of HRA's penalty was dismissed...

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