Schwab v. Bowen
Decision Date | 22 March 1977 |
Citation | 394 N.Y.S.2d 616,363 N.E.2d 341,41 N.Y.2d 907 |
Parties | , 363 N.E.2d 341, 95 L.R.R.M. (BNA) 2363 In the Matter of John SCHWAB et al., Appellants, v. Richard J. BOWEN, as City Manager of the City of Long Beach, et al., Respondents. |
Court | New York Court of Appeals Court of Appeals |
F. James Woods, Garden City, for appellants.
Morris H. Schneider, Corporation Counsel, Long Beach (David Schlachter, Long Beach, of counsel), for respondents.
Order affirmed, with costs. The issues raised in this proceeding, if they were otherwise still available to petitioners, have been largely determined by this court after leave to appeal had been granted in this case (see Matter of Burke v. Bowen, 40 N.Y.2d 264, 267, 386 N.Y.S.2d 654, 656, 353 N.E.2d 567, 568; cf. Matter of Board of Educ. v. Yonkers Federation of Teachers, 40 N.Y.2d 268, 275-276, 386 N.Y.S.2d 657, 660, 353 N.E.2d 569, 572-573). Most important, the collective bargaining agreement under which petitioners assert their claims expired June 30, 1975 thus terminating on any theory the right to reinstatement to their former positions. Reinstatement is the primary relief sought in this proceeding and the primary relief they persist in claiming on appeal to this court.
Damages may not be awarded in this proceeding because damages, if any, would not be incidental to primary relief (CPLR 7806). This determination is without prejudice, of course, to any other action petitioners may be advised to take (see Matter of Burke v. Bowen, supra, 40 N.Y.2d p. 267, 386 N.Y.S.2d p. 656, 353 N.E.2d p. 568). Since more than improper form of proceeding is involved, and,...
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