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MTR VIL OF LYNBROOK v. PERB

48 N.Y.2d 398 (1979)

In the Matter of Incorporated Village of Lynbrook, Appellant-Respondent, v. New York State Public Employment Relations Board, Respondent-Appellant. Lynbrook Police Benevolent Association, Intervenor-Respondent-Appellant. (And Another Title.)

Court of Appeals of the State of New York.

Decided November 27, 1979.

Attorney(s) appearing for the Case

Thomas M. Lamberti and Gerard Fishberg for appellant-respondent.

Jerome Thier and Martin L. Barr for respondent-appellant.

Robert I. Kurtz for intervenor-respondent-appellant.

Bernard T. King and James R. La Vaute for American Federation of State, County and Municipal Employees, New York Council 66, AFL-CIO, amicus curiae.

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

FUCHSBERG, J.

We hold that the State Public Employment Relations Board (PERB) did not abuse its discretion or act in an arbitrary or capricious manner when it determined that, notwithstanding the provisions of the 1973 amendment to subdivision 4 of section 201 of the Civil Service Law, demands for (1) severance pay keyed in amount to the number of years of employment and (2) hospitalization insurance benefits...

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