COM. OF INTERNS, ETC. v. N. Y. ST. LABOR RELATIONS BD.

Nos. 76 Civ. 4098, 4117 and 4121-CLB.

420 F.Supp. 826 (1976)

Application of the COMMITTEE OF INTERNS AND RESIDENTS, Petitioner, v. The NEW YORK STATE LABOR RELATIONS BOARD and Misericordia Hospital Medical Center, Respondents, For an order and judgment to review and annul the determination of the respondent to dismiss the petition of the petitioner before the respondent with respect to the house staff officers employed by and working at Misericordia Hospital Medical Center and affiliated institutions, and for other appropriate relief. Application of the COMMITTEE OF INTERNS AND RESIDENTS, Petitioner, v. The NEW YORK STATE LABOR RELATIONS BOARD, Respondent, For an order and judgment to review and null the determination of the respondent to dismiss the petition of the petitioner with respect to the Clinical Fellows employed by and working at Albert Einstein College of Medicine and affiliated institutions, and for other appropriate relief. Application of the COMMITTEE OF INTERNS AND RESIDENTS, Petitioner, v. The NEW YORK STATE LABOR RELATIONS BOARD et al., Respondents, For an order and judgment to review and annul the determination of the respondents to dismiss the petition of the petitioner before the respondents with respect to the house staff officers employed by and working at the Brookdale Hospital Medical Center, the Catholic Medical Center of Brooklyn and Queens, Inc., Hospital for Joint Diseases and Medical Center, the Long Island Jewish-Hillside Medical Center, and their affiliated institutions, and for other appropriate relief.

United States District Court, S. D. New York.

September 28, 1976.


Attorney(s) appearing for the Case

Murray A. Gordon, P. C. by Murray A. Gordon and Mark Kreitman, New York City, for petitioner.

Norbert M. Phillips, New York City, for respondent N. Y. State Labor Relations Bd.

Winer, Neuberger & Sive by Daniel Riesel and Gerald Bodner, New York City, for respondent Misericordia Hospital.

Raphael, Searles, Vischi, Scher, Glover & D'Elia by Michael Miglino, New York City, for respondent Brookdale Hospital Medical Center.

Guggenheimer & Untermyer by Robert E. Smith and Gerald D. Jacobson, New York City, for respondent Long Island Jewish Hospital.

Proskauer, Rose, Goetz & Mendelsohn by Warren J. Casey, New York City, for amicus curiae Hospital Association of New York State and the Greater New York Hospital Association.


MEMORANDUM AND ORDER

BRIEANT, District Judge.

On August 30, 1976 the Committee of Interns and Residents ("CIR") commenced four separate proceedings in the New York State Supreme Court, New York County, pursuant to Article 78 of the New York Civil Practice Law and Rules ("CPLR") to review and annul orders of the State Labor Relations Board ("State Board"). Three of these orders had dismissed charges of unfair ...

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