MATTER OF BUFFALO BLDG. TRADES COUNCIL OF THE BUFFALO BD. OF EDUC. EMPLOYEES v. BD. OF EDUC. OF THE CITY OF BUFFALO


36 N.Y.2d 782 (1975)

In the Matter of Buffalo Building Trades Council of the Buffalo Board of Education Employees, by Donald Blair, its President, et al., Appellants, v. Board of Education of the City of Buffalo, Respondent.

Court of Appeals of the State of New York.

Decided April 1, 1975.


Attorney(s) appearing for the Case

Richard Lipsitz, Lawrence A. Schulz and Thomas P. McMahon for appellants.

Anthony Manguso, Corporation Counsel (James J. McLoughlin of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge COOKE dissents and votes to reverse in a separate opinion in which Judge GABRIELLI concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

The submissions on this appeal have not been helpful in resolving in which public body, if any, resided the power to classify positions and allocate positions to grades among permanent laborers, workmen, and mechanics in the employ of the Buffalo Board of Education. If a public body or bodies authorized to classify positions and allocate them to grades had effectively done so...

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