Rodriguez-Abad v. Kibee, RODRIGUEZ-ABAD
| Citation | 418 N.Y.S.2d 430,71 A.D.2d 588 |
| Decision Date | 10 July 1979 |
| Docket Number | RODRIGUEZ-ABAD |
| Parties | In re Application of Luis, et ano., etc., Petitioners-Respondents, for a judgment under Article 78 of the CPLR, v. Robert J. KIBEE, etc., et ano., Respondents-Appellants. In re Application of Irwin BLATT, et ano., etc., Petitioners-Respondents, for a judgment under Article 78 of the CPLR, v. Robert J. KIBEE, etc., et ano., Respondents-Appellants. |
| Court | New York Supreme Court Appellate Division |
S. H. Elias, New York City, for petitioners-respondents, in both cases.
M. P. Bass, New York City, for respondents-appellants, in both cases.
Before KUPFERMAN, J. P., and BIRNS, FEIN, SANDLER and LANE, JJ.
Judgments (two papers), Supreme Court, New York County, entered March 10 and March 29, 1978, which, Inter alia, denied respondents' motions to dismiss, annulled the determinations of the Chancellor, and directed that petitioner Rodriguez-Abad be reappointed, and that petitioner Blatt be promoted, unanimously modified on the law to the extent of vacating the direction to reappoint Rodriguez-Abad and to promote Blatt, and remanding the recommendations of the select faculty committee to the Board of Higher Education for consideration, and otherwise affirmed, without costs or disbursements.
The consolidated appeals from two separate judgments involve slightly differing facts with common legal issues dispositive of both appeals.
Professor Luis Rodriguez-Abad (Abad) was informed that he would not be reappointed as an Assistant Professor at Hunter College. Abad filed a grievance. The arbitrator sustained the grievance and sent the matter to the select faculty committee. That committee recommended that Abad be reappointed with a Certificate of Continuous Employment.
Irwin Blatt (Blatt) was a counselor at Staten Island Community College with the rank of Assistant Professor. He was denied promotion. Blatt, too, filed a grievance. The arbitrator sustained the grievance. The select faculty committee recommended Blatt's promotion.
The Board of Higher Education of the City of New York is mandated by statute to take final action regarding appointments, and delegated this authority to the Chancellor. In both cases the Chancellor declined to follow the recommendations of the select committee. Both Abad and Blatt instituted Article 78 proceedings resulting, Inter alia, in annulling the Chancellor's determinations and in a directive to reappoint Abad and to promote Blatt. We would modify the judgments of Special Term.
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Pauk v. Board of Trustees of City University of New York
... ... has a "nondelegable duty" to decide faculty appointments, promotion, and tenure, Rodriguez-Abad v. Kibee, 71 A.D.2d 588, 418 N.Y.S.2d 430 (1st Dep't 1979); Aptekar v. Board of Higher Education, ... ...
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Professional Staff Congress v. City University
...507 F. Supp. 637 ... PROFESSIONAL STAFF CONGRESS/CUNY, Luis Rodriguez-Abad, Irwin Blatt, Rosalind Barnes, Robert Slotnick and Samuel Margulies, Plaintiffs, ... The CITY ... ...
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Faculty of City University of New York School at Queens College v. Murphy
...power to deny it. Both sides rely heavily on the decision of the Appellate Division, First Department in Matter of Rodriguez-Abad [Kibee], 71 A.D.2d 588, 418 N.Y.S.2d 430. In that case, two faculty members of the City University were denied promotion and re-appointment. They had filed griev......
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Faculty of City University of New York Law School at Queens College v. Murphy
... ... In Matter of Rodriguez-Abad v. Kibee, 71 A.D.2d 588, 418 N.Y.S.2d 430 [1st Dept 1979], the reappointment and promotion of two ... ...