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STATE OF N.Y. v. LOCAL 1115

56 A.D.2d 310 (1977)

State of New York, Respondent, v. Local 1115 Joint Board, Nursing Home and Hospital Employees Division, et al., Appellants

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

March 14, 1977

Attorney(s) appearing for the Case

Charles R. Katz for appellants.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Samuel A. Hirshowitz of counsel), for respondent.

DAMIANI and RABIN, JJ., concur with HOPKINS, Acting P. J.; HAWKINS, J., dissents and votes to reverse the order insofar as it is appealed from, deny plaintiff's motion for a preliminary injunction and grant appellants' cross motion to vacate the temporary restraining order and to dismiss the complaint, with an opinion, in which SHAPIRO, J., concurs.

HOPKINS, Acting P. J.

The Special Term granted a preliminary injunction, upon application of the Attorney-General on behalf of the State of New York, enjoining the defendants from engaging in a strike and related activities against the members of the Nassau County Health Facilities Association (Nassau) and other designated nursing homes, and, at the same time, it denied the defendants' cross motion to vacate...

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