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NYS INSPEC v. STATE OF NY

84 A.D.2d 448 (1982)

New York State Inspection, Security, and Law Enforcement Employees, District Council 82, AFSCME, AFL-CIO, et al., Respondents, v. State of New York, Appellants. (Proceeding No. 1.) In the Matter of Francis H. King et al., Respondents, v. Hugh Carey, as Governor and Chief Executive Officer of The State of New York, et al., Appellants. (Proceeding No. 2.)

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

February 4, 1982

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll, William J. Kogan and Shirley Adelson Siegel of counsel), for appellants in Proceedings Nos. 1 and 2.

Rowley & Forrest (Richard R. Rowley of counsel), for respondents in Proceeding No. 1.

Roemer & Featherstonhaugh (Michael J. Smith of counsel), for respondents in Proceeding No. 2.

KANE, J. P., and YESAWICH, JR., J., concur with WEISS, J.; MAIN and MIKOLL, JJ., dissent and vote to reverse in a separate opinion by MAIN, J.

WEISS, J.

On July 2, 1979, respondent Meyer S. Frucher, as Director of the New York State Office of Employee Relations, determined that an illegal strike in violation of the Taylor Law (Civil Service Law, § 210) had occurred between April 18 and May 4, 1979. On July 20, 1979, proper notices were sent to each employee who had been determined to be a participant in the strike, specifying the days on which...

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