New York Inst. for Edc. of Bl. v. U.F. of Tchrs. Comm

Full title: NEW YORK INSTITUTE FOR THE EDUCATION OF THE BLIND, Appellant, v. UNITED…

Court: Court of Appeals of the State of New York

Date published: Nov 9, 1982

57 N.Y.2d 982 (N.Y. 1982)

457 N.Y.S.2d 244

443 N.E.2d 492

Opinion

Argued October 7, 1982

Decided November 9, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J.

Herman E. Cooper and Jonathan L. Sulds for appellant.

Elizabeth A. Truly and James R. Sandner for United Federation of Teachers' Committee for the New York Institute for the Education of the Blind and another, respondents.

Norbert M. Phillipps and James M. O'Neill for New York State Labor Relations Board, respondent.

Order affirmed, with costs. In declining to entertain a declaratory judgment action in the circumstances of this case the Appellate Division did not abuse its discretion as a matter of law (CPLR 3001).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.