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BETZLER v. CAREY

109 Misc.2d 881 (1981)

Warren F. Betzler et al., Petitioners, v. Hugh L. Carey, as Chief Executive Officer of the State of New York, et al., Respondents.

Supreme Court, Chemung County.

July 9, 1981

Attorney(s) appearing for the Case

Ball & McDonough, P. C. (Kevin F. McDonough of counsel), for petitioners. Robert Abrams, Attorney-General (John R. Marshall, Jr., of counsel), for respondents.

ROBERT E. FISCHER, J.

This CPLR article 78 petition seeks judgment directing respondents to pay over salary withheld from petitioners following a strike at the Elmira Correctional Facility (the Facility). Respondents' numerous affirmative defenses and objections in point of law require review seriatim. The facts necessary for our determination are not in dispute.

When correction officers engaged in an economic strike during the period April...

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