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MTR. OF CLAIM OF HESS (ROSS)

70 A.D.2d 374 (1979)

In the Matter of the Claim of Claire Hess, Appellant Philip Ross, as Industrial Commissioner, et al., Respondents. (Proceeding No. 1.) In the Matter of the Claim of Elizabeth La Mountain et al., Appellants Philip Ross, as Industrial Commissioner, et al., Respondents. (Proceeding No. 2.) In the Matter of the Claim of Tina Williams, Appellant Philip Ross, as Industrial Commissioner, et al., Respondents. (Proceeding No. 3.)

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

November 8, 1979

Attorney(s) appearing for the Case

Roemer & Featherstonhaugh (Stephen J. Wiley of counsel), for Claire Hess, appellant.

MacKenzie, Smith, Lewis, Michell & Hughes (Edward Moses of counsel), for Baldwinsville Central School District, respondent.

Bernard F. Ashe (J. Michael Eadry of counsel), for Elizabeth La Mountain and others, appellants.

Harry T. Shaw for Westport Central School District, respondent.

McGivern, Shaw & O'Connor (Harvey Mandelkern of counsel), for New York State School Boards Assn., Inc., amicus curiae.

Paul E. Klein (Janet Axelrod of counsel), for Tina Williams, appellant.

Bond, Schoeneck & King (Thomas J. Grooms of counsel), for Ithaca City School District, respondent.

Robert Abrams, Attorney-General (Murray Sylvester and Robert A. Feuerstein of counsel), for Industrial Commissioner, respondent.

GREENBLOTT, STALEY, JR., MAIN and MIKOLL, JJ., concur.

MAHONEY, P. J.

Since the facts in each proceeding are not in dispute, and involve construction of the same statutory provision for resolution, the following discussion is germane to each proceeding. Each claimant is a nonprofessional employee of an educational institution and a member of a collective bargaining unit.

Claimant Hess' bargaining unit had an agreement covering the period from July 1, 1977...

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