4014 • 2 5201100 I SCIV.pdf http:// decisions.courts.state.ny. us/fcas/fcas_ docs/20 13FEB/3C SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 32 In the Matter of the Application of Index No. 401425/11 THE CITY OF NEW YORK; NEW YORK CITY HUMAN RESOURCES ADMINISTRATION; JAMES HANLEY, as the Commissioner of the New York City Office of Labor Relations; and, THE NEW YORK CITY OFFICE OF LABOR RELATIONS, Petitioners, -against NEW YORK STATE NURSES ASSOCIATION; KAREN A. BALLARD, as the President of the New York State Nurses Association; THE BOARD OF COLLECTIVE: BARGAINING OF THE CITY OF NEW YORK; and, MARLENE GOLD, as Chair ofthe Board of Collective Bargaining, Respondents, For a Judgment Pursuant to CPLR Article 78. -------------------------------------------------------------------------X CAROL E. HUFF, J.: In this Article 78 proceeding, petitioners seek to annul the determination of respondent Board of Collective Bargaining of the City ofNew York ("BCB"), dated April28. 2011 (the Determination). In the Detennination, BCB partially granted an improper practice petition, requiring petitioners City of New York and New York City Human Resources Admjnistration (together, the "City'') to provide certain discovery in connection with an employee disciplinary proceeding involving two Union members. In its Decision dated May 3, 2012 (incorporated by reference herein), this Court denied
3 4014~52011001SCIV.pdf http://d ecisions.courts.state.ny. us/fcas/fcas _ docs/20 13 FEB/3( the motions to dismiss of respondents BCB and the New York State Nurses Association and Winifred Kennedy, as successor to Karen A. Ballard, the former NYSNA president. The Court found that the holding ofthe Third Department in Pfau v Public Empl. Relations Bd., 69 AD3d l 080, I 082 (3'<J Dept 201 0), that "there is no general right to disclosure in a disciplinary proceeding," is controlling. For the reasons stated in the Decision, petitioners have demonstrated that the Determination was "affected by an error oflaw ... or was arbitrary and capricious or an abuse of discretion." CPLR 7803(3 ). Accordingly, it is ADJUDGED that the petition is granted and the Determination (NYSNA, 4 OCB2d 20 [BCB 2011]) is hereby annulled. Dated: fEB J 1 20 JJ_ CAROa1(fiOFF J.S.C. -2-
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