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Union presses an appeal notwithstanding its concession that a final administrative determination rendered the appeal moot

Union presses an appeal notwithstanding its concession that a final administrative determination rendered the appeal moot
In re Civil Service Technical Guild, Local 375, AFSCME, v The City of New York, et al, 2009 NY Slip Op 00454, decided on January 29, 2009, Appellate Division, First Department

New York State Supreme Court Justice Carol R. Edmead denied Local 375?s application for ?preliminary injunctive relief? to prevent the City from implementing a new timekeeping system pending a final determination by City?s Board of Collective Bargaining ruling on an improper employer practice charges filed by the Local.

Justice Edmead, instead, granted the City's cross motion to dismiss the Local?s petition in its entirety.

Subsequently the Board had made its determination. Local 375, conceding that the Board?s final determination on the improper practice charge it had filed made its appeal moot, but nevertheless wished to pursue its appeal, representing that it had decided to ?assumed the cost of an appeal because of the disproportionate precedential value this erroneous opinion will have.?

The City response was ?simply to defer? to the Appellate Division?s exercising its discretion to vacate or sustain Supreme Court?s order "in order to prevent [it] . . . from spawning any legal consequences or precedent.?

The Appellate Division decided to vacate Supreme Court's order.

The full text of the Appellate Division?s decision if posted on the Internet at;
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_00454.htm

The full text of Justice Edmead?s decision is posted on the Internet at:
http://www.nycourts.gov/reporter/pdfs/2007/2007_32728.pdf

Full post as published by New York Public Personnel Law on February 02, 2009 (boomark / email).