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ERIE COUNTY v. STATE

14 A.D.3d 14 (2004)

785 N.Y.S.2d 130

In the Matter of COUNTY OF ERIE et al., Petitioners v STATE OF NEW YORK et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 4, 2004.

Attorney(s) appearing for the Case

Frederick A. Wolf, County Attorney, Buffalo (Kristin Klein Wheaton of counsel), for petitioners.

Sandra M. Nathan, Public Employment Relations Board, Albany, for Public Employment Relations Board and others, respondents.

Reden & O'Donnell L.L.P., Buffalo (Robert J. Reden of counsel), for International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, Local 624, respondent.

CREW III, PETERS, SPAIN and CARPINELLO, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

This proceeding involves an improper practice charge filed by respondent International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, Local 264 (hereinafter the union) with respondent Public Employment Relations Board (hereinafter PERB). Specifically, the union asserted that petitioners violated Civil Service Law § 209-a (1) (d) by withholding from it certain requested material pertaining...

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