MATTER OF BUSCHMANN v. UNITED N.Y. SANDY HOOK PILOTS’, 38 N.Y.2d 774 (1975)

381 N.Y.S.2d 865, 345 N.E.2d 337

In the Matter of ROBERT BUSCHMANN, Appellant, v. UNITED NEW YORK SANDY HOOK PILOTS’ ASSOCIATION et al., Respondents.

Court of Appeals of the State of New York.Argued November 19, 1975
Decided December 22, 1975

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MURRAY T. FEIDEN, J.

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Harry H. Rains and Frederick D. Braid for appellant.

Frederick T. Shea and Ned H. Bassen for United New York Sandy Hook Pilots’ Association, respondent.

Francis O’Regan, Donald M. Waesche, Jr., and Geoffrey W. Gill for Board of Commissioners of Pilots, respondent.

Order reversed, with costs in all courts, and the matter remitted to Supreme Court, Kings County, for a hearing, on the dissenting opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division. The remedy under CPLR article 78 is appropriate if only because the organizational structure involved has been created in part by statute and its operations are to some degree regulated by statute in the performance of a public governmental function. In the light of the foregoing it is not necessary to consider the availability to private entities of the procedure under article 78.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

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