From Casetext: Smarter Legal Research

Lehnhoff v. Nathan

Court of Appeals of the State of New York
Jan 3, 1980
401 N.E.2d 902 (N.Y. 1980)

Opinion

Argued December 12, 1979

Decided January 3, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALEXANDER BERMAN, J.

Robert Abrams, Attorney-General (Robert S. Hammer and Shirley Adelson Siegel of counsel), for appellants.

David Jaroslawicz, Alfred S. Julien and Stuart A. Schlesinger for respondent.


MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and the petition to the extent that it seeks reinstatement of salary and other benefits dismissed.

Under the collective bargaining agreement between the parties, respondent was entitled to suspend petitioner without pay upon a determination of probable cause to believe that petitioner's "continued presence on the job represents a potential danger to persons or property or would severely interfere with operations." The contract further provided that the probable cause determination, as well as any procedural questions concerning suspension without pay, which would include whether there was in fact such a determination, was to be submitted to arbitration. Petitioner received notice of suspension and commenced this proceeding to challenge respondent's action. The propriety of the suspension, both procedurally and substantively, was a question for the arbitrator. Thus, a judicial resolution of the merits of the dispute was foreclosed (Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 N.Y.2d 669; Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 N.Y.2d 509).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order reversed, etc.


Summaries of

Lehnhoff v. Nathan

Court of Appeals of the State of New York
Jan 3, 1980
401 N.E.2d 902 (N.Y. 1980)
Case details for

Lehnhoff v. Nathan

Case Details

Full title:HANNELORE LEHNHOFF, Respondent, v. SHEPHERD NATHAN et al., Appellants

Court:Court of Appeals of the State of New York

Date published: Jan 3, 1980

Citations

401 N.E.2d 902 (N.Y. 1980)
401 N.E.2d 902
425 N.Y.S.2d 544

Citing Cases

Matter of Englert v. State University of New York

Robert Abrams, Attorney-General, for respondent. On summary consideration, order affirmed, with costs (see…

Matter of Englert v. State Univ. of New York

Present — Dillon, P.J., Simons, Hancock, Jr., Callahan and Moule, JJ. Judgment unanimously reversed, without…