| Ivry v DC 37 Local 1071, AFSCME, AFL-CIO |
| 2012 NY Slip Op 51801(U) [36 Misc 3d 158(A)] |
| Decided on September 19, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, New York
County (Arlene P. Bluth, J.), entered November 4, 2011, which granted defendant's motion to
dismiss the complaint.
Per Curiam.
Order (Arlene P. Bluth, J.), entered November 4, 2011, affirmed, with $10 costs, for the reasons stated by Arlene P. Bluth, J. at Civil Court.
The motion court properly dismissed the complaint, correctly finding that plaintiff's public agency employer was a necessary party to this action seeking damages for a claimed loss of annual leave credits (see Rosioreanu v New York City Off. of Collective Bargaining, 78 AD3d 401 [2010], lv denied 17 NY3d 702 [2011]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.