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.