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BD. OF EDUC. GRAND ISLAND v. HELSBY

37 A.D.2d 493 (1971)

Board of Education, Central School District No. 1 of the Town of Grand Island, Respondent, v. Robert D. Helsby et al., Constituting The Public Employment Relations Board, Appellants, and Grand Island Teachers Association, Intervenor-Appellant

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

December 2, 1971.

Attorney(s) appearing for the Case

Jerome Lefkowitz, Martin L. Barr, Jerome Thier and Robert J. Miller for appellants.

Sneeringer & Rowley (James R. Sandner of counsel), for intervenor-appellant.

Moot, Sprague, Marcy, Landy & Fernbach (Norman E. Joslin of counsel), for respondent.

WITMER, J. P., MOULE and HENRY, JJ., concur.

GABRIELLI, J.

This proceeding brought pursuant to article 78 of the CPLR challenges the statutory authority and jurisdiction of the Public Employment Relations Board (PERB) to entertain and act upon an "improper practice" charge by which it is alleged that the petitioner Board of Education (Board) dismissed five probationary teachers "solely because of their activity in support of the Grand Island Teachers' Association...

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