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  5. 51 N.Y.2d 779 (1980)
 

MATTER OF POLICE BENEVOLENT ASS'N OF THE CITY OF YONKERS, INC. v. NEW YORK STATE PUB. EMPLOYMENT RELATIONS BD.

51 N.Y.2d 779 (1980)

In the Matter of Police Benevolent Association of the City of Yonkers, Inc., Respondent, v. New York State Public Employment Relations Board, Appellant, and City of Yonkers, Respondent.

Court of Appeals of the State of New York.

Decided October 7, 1980.

Attorney(s) appearing for the Case

Richard A. Curreri and Martin L. Barr for appellant.

David Schlachter and Richard Hartman for petitioner-respondent.

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

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, and the determination of the Public Employment Relations Board reinstated.

While we do not agree with appellant's contention that union complicity may be presumed upon a mere showing that a significant number of union members have engaged in a strike, we believe that the statements of union leaders herein, combined with the fact of...

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