ASSN CT. REPORTERS v. BARTLETT


40 N.Y.2d 571 (1976)

In the Matter of Association of Surrogates and Supreme Court Reporters within the City of New York et al., Appellants, v. Richard J. Bartlett, as State Administrator of the Administrative Board of the Judicial Conference of the State of New York, Respondent. In the Matter of Barbara Ayers, as Chairwoman of the Law Stenographers Chapter of Local 1070, Judicial Conference and County Employees, District Council 37, American Federation of State, County and Municipal Employees AFL-CIO, for Herself and All Others Similarly Situated, Appellant, v. Richard J. Bartlett, as State Administrator of the Office of Court Administration of the State of New York, Respondent. Owen K. Flynn, as President of New York State Court Clerks Association, et al., Appellants, v. Richard J. Bartlett, as State Administrative Judge, Office of Court Administration, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1976.


Attorney(s) appearing for the Case

James P. Durante and Douglas P. Catalano, New York City, for Association of Surrogates and Supreme Court Reporters within the City of New York and others, appellants.

Homer C. LaRue, Julius Topol and William H. Frappollo, New York City, for Barbara Ayers, appellant.

A. Bernard King, New York City, for Owen K. Flynn and another, appellants.

Michael Colodner and Michael R. Juviler, New York City, for Richard J. Bartlett and another, respondents.

Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur; Chief Judge BREITEL taking no part.


JONES, J.

We hold that respondents may not be compelled to implement a decision of the Unified Court System Employment Relations Review Board that is outside the scope of the controversy before that board.

For over 20 years prior to 1972 the courts in the Appellate Division, First Department, had recessed over the Christmas-New Years holidays. The nonjudicial employees in the court system had never been...

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