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Matter of Kounas v. Abate

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1995
222 A.D.2d 315 (N.Y. App. Div. 1995)

Opinion

December 19, 1995

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


Respondents' refusal to implement petitioners' transfer requests was not a violation of the plea agreement. That agreement did not give petitioners the absolute power to dictate their assignment, but rather left final approval thereof with the Division Chief, who took the position that the Department's staffing needs required that petitioners be assigned to a jail facility, not the specialty units they sought. Given final authority in the Chief, any failure by the Deputy Commissioner to "recommend to the * * * Chief that [petitioners] be accommodated at one of the three selected commands", as required by the plea agreement, could not have caused petitioners any harm.

Concur — Sullivan, J.P., Ellerin, Wallach and Rubin, JJ.


Summaries of

Matter of Kounas v. Abate

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1995
222 A.D.2d 315 (N.Y. App. Div. 1995)
Case details for

Matter of Kounas v. Abate

Case Details

Full title:In the Matter of ADAM KOUNAS et al., Appellants, v. CATHERINE ABATE, as…

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

Date published: Dec 19, 1995

Citations

222 A.D.2d 315 (N.Y. App. Div. 1995)
635 N.Y.S.2d 585