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McCOY v. HELSBY

28 N.Y.2d 790 (1971)

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

Court of Appeals of the State of New York.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Lawrence N. Marcus for appellant.

Jerome Lefkowitz for respondents.

John I. Coster for Court Officials Council of New York, amicus curiae.

Concur: Judges BURKE, SCILEPPI, BERGAN and JASEN. Judge BREITEL concurs solely upon the opinion at the Appellate Division. Taking no part: Chief Judge FULD and Judge GIBSON.

Order affirmed, without costs, in the following memorandum: The order appealed from should be affirmed on the opinion at the Appellate Division. We would only add that the subjection of the board to certain legislative action, such as the Taylor Law, does not derogate its basic administrative control over the court system, but, rather, only requires the board to be subject to certain reasonable limitations in the exercise of this power. It may be that some future legislative...

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