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  5. 32 A.D.2d 131 (1969)
 

MTR. OF CIV. SERV. ASSN. v. HELSBY

32 A.D.2d 131 (1969)

In the Matter of The Civil Service Employees Association, Petitioner, v. Robert D. Helsby et al., Constituting The Public Employment Relations Board, et al., Respondents

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

June 4, 1969.

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris (John T. DeGraff, John Carter Rice and Frederick C. Riester of counsel), for petitioner.

Melvin H. Osterman, Jr., for State of New York, intervenor.

Jerome Lefkowitz, Martin L. Barr, Paul E. Klein, Jerome Thier and Robert J. Miller for Public Employment Relations Board, respondent.

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison (Simon H. Rifkind, Julius Topol, Ronald Rosenberg and Martin London of counsel), for New York State Employees Council 50, American Federation of State, County and Municipal Employees, AFL-CIO, respondent.

John R. Harold for Local 223, Building Service Employees' International Union and another, respondents.

GIBSON, P. J., COOKE and GREENBLOTT, JJ., concur in Per Curiam opinion; HERLIHY and STALEY, JR., JJ., concur in the result, in an opinion.

Per Curiam.

This proceeding was brought under CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term entered in Albany County) to review a decision of the Public Employment Relations Board which, in a representation status dispute, established five employer-employee negotiating units for State employees.

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