Cite as: David Ivry v. DC 37 Local 1071, 570979/11, NYLJ 1202584352708, at *1 (App. Tm., 1st, Decided September 19, 2012)

Before: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.

Decided: September 19, 2012

 

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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],

 

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lv denied

 

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17 NY3d 702 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.