Conlin v. Aiello — 49 N.Y.2d 713

Majority

p. 713

In the Matter of Daniel F. Conlin, as President of Local Union 891, International Union of Operating Engineers, AFL-CIO, on Behalf of Himself and All School Custodian and School Custodian-Engineer Members of Said Union, Appellant, v Stephen R. Aiello et al., Constituting the Board of Education of the City School District of the City of New York, Respondents.

Argued January 3, 1980;

decided February 5, 1980

p. 714

APPEARANCES OF COUNSEL

James M. Kenny, Joseph M. Cassin and Mark C. Kelly for appellant.

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and L. Kevin Sheridan of counsel), for respondents.

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 64 AD2d 921 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.