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MATTER OF BRIGNONI v. NEW YORK STATE LABOR RELATIONS BD.

65 A.D.2d 715 (1978)

In the Matter of Alphonso Brignoni, Respondent, v. New York State Labor Relations Board, Appellant

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

November 16, 1978

At a minimum, there is no showing of abuse of discretion by respondent board in refusing to involve itself in this dispute by deciding not to issue a complaint. We do not pass on the question of plaintiff's standing or the judicial reviewability of the board's action. Treating this matter as an article 78 proceeding, leave to appeal to this court is granted sua sponte by Birns, J. P. (See CPLR 5701, subd [b], par 1; subd [c]; see, also, Matter of Mid-Island Hosp...

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