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MTR CSEA v. TOWN OF HARRISON

48 N.Y.2d 66 (1979)

In the Matter of Civil Service Employees Association, Inc., Westchester Chapter, Local 860, et al., Appellants, v. Town of Harrison et al., Respondents.

Court of Appeals of the State of New York.

Decided October 16, 1979.

Attorney(s) appearing for the Case

Arthur H. Grae and James M. Rose for appellant.

Albert J. Pirro, Jr., Town Attorney, for Town of Harrison, respondent.

Samuel S. Yasgur, County Attorney (Lester D. Stinman and Jonathan Lovett of counsel), for County of Westchester, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.

JONES, J.

While the arbitrator in this case was authorized to make a factual determination that the Town of Harrison had created a "new" position in December, 1975, he was precluded from according any legal recognition thereto or granting any relief with respect thereto because of the town's failure to have complied with the mandate of section 22 of the Civil Service Law.

Prior to December, 1975, Christopher...

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