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CIVIL SERV ASSN v. BARTLETT

51 A.D.2d 100 (1976)

In the Matter of Civil Service Employees Association, Inc., et. al., Respondents, v. Richard J. Bartlett, as State Administrative Judge of The Administrative Board of the Judicial Conference of the State of New York, et al., Appellants

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

February 19, 1976

Attorney(s) appearing for the Case

Michael R. Juviler (Michael Colodner of counsel), for Richard J. Bartlett, appellant.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for Arthur Levitt, appellant.

James T. Hancock for respondents.

SWEENEY, KANE and LARKIN, JJ., concur with REYNOLDS, J.; GREENBLOTT, J. P., dissents and votes to affirm in an opinion.

REYNOLDS, J.

The appellant Arthur Levitt, as Comptroller of the State of New York, is not bound by the decision of the hearing officer. The Comptroller was not a party to the collective bargaining agreement and was not a party to the grievance procedure instituted by petitioners. The Comptroller is entitled to a judicial review of the legality of his decisions made in performance of his duties specified in section...

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