Matter of Sellstrom v. City of Rye

Full title: In the Matter of LOUIS S. SELLSTROM, Appellant, v. CITY OF RYE, Respondent

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

Date published: Oct 2, 1989

154 A.D.2d 380 (N.Y. App. Div. 1989)

Opinion

October 2, 1989

Appeal from the Supreme Court, Westchester County (Walsh, J.).

Ordered that the order and judgment is reversed, on the law, with costs, the petition is granted, and the respondent is directed to determine the petitioner's grievance dated August 1, 1987.

The Supreme Court erred in holding that the petitioner's complaint with respect to the placement of a critical memorandum in his personnel file was not grievable within the definition of a grievance in the parties' collective bargaining agreement (see, Matter of DeVito v City of Rye, 154 A.D.2d 373 [decided herewith]).

We have considered the remaining contentions and find them to be without merit. Mangano, J.P., Brown, Kooper and Sullivan, JJ., concur.