MATTER OF SUBWAY SURFACE SUPERVISORS ASSOCIATION v. NEW YORK CITY TRANSIT AUTHORITY

No. 53

22 N.Y.3d 1182 (2014)

9 N.E.3d 902

986 N.Y.S.2d 408

2014 NY Slip Op 2380

In the Matter of SUBWAY SURFACE SUPERVISORS ASSOCIATION, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Court of Appeals of New York.

Decided April 8, 2014.


Attorney(s) appearing for the Case

Office of the General Counsel, New York City Transit Authority, Brooklyn ( Robert K. Drinan and Richard Schoolman of counsel), for appellant.

Law Office of Stuart Salles, New York City ( Gail M. Blasie and Stuart Salles of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge RIVERA concurs in result in an opinion in which Chief Judge LIPPMAN concurs; Judge ABDUS-SALAAM taking no part.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the motion to dismiss the petition granted, and the certified question answered in the negative.

Petitioner Subway Surface Supervisors Association is a labor union that represents employees working under the title Station Supervisor Level I (SS-I). It commenced this special proceeding against the New York City Transit Authority (TA) asserting that...

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