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MATTER OF YERRY v. GOODSELL

4 A.D.2d 395 (1957)

In the Matter of George E. Yerry, Jr., as President of The Hudson Valley District Council of Carpenters, United Brotherhood of Carpenters & Joiners of America, A. F. L., Appellants, v. Oscar A. Goodsell, as Treasurer and Fiscal Officer of The Board of Education, City of Kingston, Respondent

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

July 24, 1957.

Attorney(s) appearing for the Case

Robert P. Knapp, Jr., and Charles H. Tuttle for appellants.

James J. Abernethy, Corporation Counsel, for respondent.

COON and GIBSON, JJ., concur with HALPERN, J.; FOSTER, P. J., dissents in an opinion, in which BERGAN, J., concurs.

HALPERN, J.

The petitioners appeal from a dismissal of a proceeding brought by them under article 78 of the Civil Practice Act to review a determination by the comptroller of the City of Kingston, dismissing a complaint filed with him by the petitioners, charging that the Board of Education of Kingston was violating section 220 of the Labor Law.

Section 220 of the Labor Law provides in part as follows...

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