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MTR COUNCIL 82 v. BD. OF APPEALS

103 A.D.2d 489 (1984)

In the Matter of New York State Inspection, Security and Law Enforcement Employees, District Council 82, AFSCME, AFL-CIO, Petitioner, v. New York State Industrial Board of Appeals et al., Respondents

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

October 25, 1984

Attorney(s) appearing for the Case

Rowley, Forrest & O'Donnell, P. C. (Mark T. Walsh, Jr., Richard R. Rowley and Robert S. Hite of counsel), for petitioner.

Robert Abrams, Attorney-General (Peter H. Schiff, William J. Kogan and Leslie B. Neustadt of counsel), for respondents.

CASEY, MIKOLL, LEVINE and HARVEY, JJ., concur.

MAIN, J. P.

Petitioner is the authorized union representative for New York State correction officers, sergeants and lieutenants. After an incident at a correctional facility in which an automatic tear gas dispensing system did not operate when activated, petitioner sought an immediate inspection at certain correctional facilities by serving notice on respondent Commissioner of Labor (commissioner) of violations...

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