Heslin v. City of Cohoes

New York Court of Appeals May 12, 1981

Heslin v. City of Cohoes, 53 N.Y.2d 903 (N.Y. 1981)

423 N.E.2d 53; 440 N.Y.S.2d 630; 1981 N.Y. LEXIS 2462

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the motion to confirm the arbitration award granted for the reasons stated in the dissenting opinion of Justice Herlihy of that court.

In addition, we would emphasize that the appointment to be made in furtherance of the arbitration award is provisional in nature, and in no way binds the municipality to select a permanent appointee to the position from a statutorily inadequate list (Civil Service Law, §61, subd 1). Therefore, the award cannot be said to violate public policy (see Matter of Sprinzen [Nomberg], 46 NY2d 623).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed, with costs, and the motion to confirm the arbitration award granted in a memorandum.

Reference

Full Case Name: In the Matter of William Heslin, as President of the Cohoes Police Benevolent and Protective Association v. City of Cohoes
Cited By: 6 cases
Status: Published