No. 91. Argued September 6, 2006. Decided October 17, 2006. APPEALS, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 7, 2005, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in New York County). The Appellate Division granted the petition to set aside a determination of respondent New York State Public Employment Relations Board
Argued June 19, 1878 Decided September 17, 1878 Matthew Hale, for appellant. N.P. Hinman, for respondent. CHURCH, Ch. J. This action is claimed to be barred by the limitation of one year prescribed in the charter of the defendant. (Laws of 1869, p. 2383.) The last clause of section 5 of title 13 of the charter reads as follows: "And no action against the city on a contract obligation or liability express or implied, shall be commenced except within one year after the cause of action shall have accrued
1. No person enjoying the benefits of tenure shall be disciplined or removed during a term of employment except for just cause and in accordance with the procedures specified in section three thousand twenty-a of this article or in accordance with alternate disciplinary procedures contained in a collective bargaining agreement covering his or her terms and conditions of employment that was effective on or before September first, nineteen hundred ninety-four and has been unaltered by renegotiation