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WAPPINGERS SCH. DIST. v. P.E.R.B.

77 Misc.2d 472 (1974)

In the Matter of Wappingers Central School District, Petitioner, v. New York State Public Employment Relations Board et al., Respondents.

Supreme Court, Special Term, Albany County.

March 19, 1974

Attorney(s) appearing for the Case

Russell E. Aldrich for petitioner. Martin L. Barr, Jerome Thier, Robert J. Miller and Kenneth J. Toomey for Public Employment Relations Board, respondent. Sidney Meilman for Wappingers Administrators Association, respondent.

JAMES GIBSON, J.

(1) Proceeding under article 78 of the CPLR to stay an improper practice proceeding (Civil Service Law, § 209-a) pending before respondent Public Employment Relations Board.

(2) Motion by respondent board to dismiss the petition upon objections in point of law (CPLR 7804, subd. [f]) upon the grounds that the petition fails to state a cause of action, that the proceeding is premature...

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