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McCOY v. HELSBY

34 A.D.2d 252 (1970)

Thomas F. McCoy, as State Administrator and Secretary to The Administrative Board of the Judicial Conference of the State of New York, Plaintiff, v. Robert D. Helsby et al., Constituting The Public Employment Relations Board, Defendants

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

June 2, 1970.

Attorney(s) appearing for the Case

Lawrence N. Marcus for plaintiff.

Jerome Lefkowitz for defendants.

Szold, Schapiro & Coster (John J. Coster of counsel), for Court Officers and Court Clerks Council, amicus curiae.

REYNOLDS, J. P., AULISI, STALEY, JR., and SWEENEY, JJ., concur.

COOKE, J.

This is a submission of a controversy upon an agreed statement of facts pursuant to CPLR 3222. The sole issue for determination is whether the Public Employees' Fair Employment Act (Civil Service Law, art. 14, commonly known as the Taylor Act, which became effective September 1, 1967 except for section 205 which became effective on April 21, 1967) applies to nonjudicial employees of the unified court...

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