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MATTER OF CIVIL SERVICE TECHNICAL GUILD, LOCAL 375, AFSCME v. CITY OF NEW YORK

58 A.D.3d 581 (2009)

872 N.Y.S.2d 442

In the Matter of CIVIL SERVICE TECHNICAL GUILD, LOCAL 375, AFSCME, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

January 29, 2009.

The union effectively concedes that its appeal has been rendered moot by the Board's final decision on the underlying improper practice charges (Civil Service Law § 209-a [5] [d]), but represents in its brief that it "nonetheless assumed the cost of an appeal because of the disproportionate precedential value this erroneous opinion will have." As the City's response to the prospect of a mootness dismissal is simply to defer to our discretion to vacate the underlying...

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