Opinion
2012-10-24
David B. JACOBS, appellant, v. Evelyn HOLMAN, et al., defendants, Darlene Dartch, et al., respondents.
David B. Jacobs, Dix Hills, N.Y., appellant pro se. Richard E. Casagrande, New York, N.Y. (Keith J. Gross of counsel), for respondents.
David B. Jacobs, Dix Hills, N.Y., appellant pro se. Richard E. Casagrande, New York, N.Y. (Keith J. Gross of counsel), for respondents.
In an action, inter alia, to recover damages for breach of a duty of fair representation, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated November 18, 2010, which granted the motion of the defendants Bay Shore Classroom Teachers Association, Inc., Darlene Dartch, Nancy Kavanaugh, New York State United Teachers, and Tammy Mays pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against them.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the motion of the defendants Bay Shore Classroom Teachers Association, Inc., Darlene Dartch, Nancy Kavanaugh, New York State United Teachers, and Tammy Mays (hereinafter collectively the moving defendants) pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted *457against them since “[t]he complaint fails to allege sufficient facts to state a cause of action to recover damages for breach of a duty of fair representation” ( Portlette v. Toussaint, 31 A.D.3d 730, 730–731, 818 N.Y.S.2d 490).
In light of our determination, we need not address the moving defendants' remaining contentions.