Mancuso v. Crew

Full title: NICHOLAS MANCUSO et al., Appellants, v. RUDOLPH F. CREW et al., Respondents

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

Date published: Nov 2, 1998

255 A.D.2d 295 (N.Y. App. Div. 1998)

679 N.Y.S.2d 324

Opinion

November 2, 1998

Appeal from the Supreme Court, Kings County (Bruno, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that, pursuant to Labor Law § 190 Lab. (3), the Board of Education of the City of New York (hereinafter the Board of Education), as a State agency, is exempt from the provisions of Labor Law § 191 Lab. (see generally, City of New York v. State of New York, 86 N.Y.2d 286, 290; Matter of Maloff v. City Commn. on Human Rights, 38 N.Y.2d 329, 332). Furthermore, the court correctly concluded that because the Board of Education is not a department of the City of New York, but is an independent corporate body, the City of New York cannot be held responsible for the acts or omissions of the Board of Education (see, H J Floor Covering v. Board of Educ., 66 A.D.2d 588, 593-594).

Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.