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Reiter v. Metropolitan Transportation Auth

Appellate Division of the Supreme Court of New York, First Department
Dec 30, 2003
2 A.D.3d 349 (N.Y. App. Div. 2003)

Opinion

2621.

Decided December 30, 2003.

Order, Supreme Court, New York County (Joan Madden, J.), entered on or about May 22, 2002, which denied petitioner employee's application seeking, inter alia, to annul a negative evaluation of petitioner by his supervisor that was upheld after undergoing respondent employer's appeal process, and directed entry of judgment dismissing the petition, unanimously affirmed, without costs.

Jay L.T. Breakstone, for Petitioner-Appellant.

Jay P. Warren, for Respondents-Respondents.

Before: Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ.


Petitioner's claim that respondent did not follow its own appeal process was waived by his failure to object to the alleged irregularities in the process at the time they were committed ( see Matter of Kabnick v. Chassin, 223 A.D.2d 935, 936, affd as to other grounds 89 N.Y.2d 828), or indeed at any time before the process had concluded. We have considered and rejected petitioner's other arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Reiter v. Metropolitan Transportation Auth

Appellate Division of the Supreme Court of New York, First Department
Dec 30, 2003
2 A.D.3d 349 (N.Y. App. Div. 2003)
Case details for

Reiter v. Metropolitan Transportation Auth

Case Details

Full title:JOHN REITER, Petitioner-Appellant, v. METROPOLITAN TRANSPORTATION…

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

Date published: Dec 30, 2003

Citations

2 A.D.3d 349 (N.Y. App. Div. 2003)
768 N.Y.S.2d 815