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MATTER OF MULGREW v. BOARD OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF N.Y.

Index No. 100347/19. Appeal No. 13705. Case No. 2020-03178.

193 A.D.3d 656 (2021)

148 N.Y.S.3d 69

2021 NY Slip Op 02608

In the Matter of Michael Mulgrew, Appellant, v. Board of Education of the City School District of the City of New York et al., Respondents.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Office of Robert T. Reilly, New York ( Christopher Lewis of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for respondents.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

The "complete, clear and unambiguous" terms of the Settlement Agreement in question (see Marin v Constitution Realty, LLC, 28 N.Y.3d 666, 673 [2017] [internal quotation marks omitted]) require that union-member managers receive the same salary increases received by nonunion managers "[u]ntil an agreement is reached," i.e., only so long as collective bargaining negotiations between DOE and petitioner, as president of the union (UFT...

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