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CITY OF ALBANY v. PERB

57 A.D.2d 374 (1977)

In the Matter of City of Albany et al., Petitioners, v. Public Employment Relations Board, Respondent, and Council 66, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Intervenors-Respondents

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

May 26, 1977

Attorney(s) appearing for the Case

John E. Roe, Corporation Counsel (Vincent J. McArdle, Jr., of counsel), for petitioners.

Martin L. Barr (Anthony Cagliostro of counsel), for respondent.

Blitman & King (Jules L. Smith and Bernard T. King of counsel), for intervenors-respondents.

MAHONEY, J., concurs with MAIN, J.; HERLIHY, J., concurs in a separate opinion; KOREMAN, P. J., and LARKIN, J., dissent and vote to modify in an opinion by LARKIN, J.

MAIN, J.

Intervenor-respondent, George Strokes, was employed as an equipment operator for the City of Albany's Department of Public Works when, on August 22, 1975, he was discharged from his employment by Public Works Commissioner Harry Maikels following a disciplinary proceeding held pursuant to section 75 of the Civil Service Law and a finding of misconduct. The proceeding grew out of charges that Strokes...

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