¶ Following the denial of preliminary motions to dismiss the petition as premature and for leave to appeal that order to this court, Special Term dismissed the petition on the merits and the judgment entered thereon is being appealed here. We agree with Special Term that PERB's determination, holding that the subject employees were public employees and not in the organized militia and, therefore, are subject to the provisions of the Taylor Law, is not arbitrary and capricious...
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