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Hernandez v. Sielaff

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1994
209 A.D.2d 284 (N.Y. App. Div. 1994)

Opinion

November 17, 1994

Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).


Each cause of action asserted in the complaint arises out of the allegedly improper interrogation of plaintiff by his superiors on October 22, 1991. Plaintiff's collective bargaining agreement defines a "grievance" to specifically include violations of interrogation procedures, and since plaintiff waived his right to seek judicial resolution of such conflicts as a condition of employment pursuant to article XXI (§§ 3 and 11) of the collective bargaining agreement, the complaint was properly dismissed.

Concur — Sullivan, J.P., Wallach, Ross, Rubin and Williams, JJ.


Summaries of

Hernandez v. Sielaff

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1994
209 A.D.2d 284 (N.Y. App. Div. 1994)
Case details for

Hernandez v. Sielaff

Case Details

Full title:EDWARD HERNANDEZ, Appellant, v. ALLYN R. SIELAFF, as Correction…

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

Date published: Nov 17, 1994

Citations

209 A.D.2d 284 (N.Y. App. Div. 1994)
619 N.Y.S.2d 540