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CITY SCH. DIST. v. PERB.

144 A.D.2d 35 (1988)

In the Matter of City School District of City of Elmira, Petitioner, v. New York State Public Employment Relations Board et al., Respondents

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

December 29, 1988

Attorney(s) appearing for the Case

Sayles, Evans, Baryton, Palmer & Tifft (Edward B. Hoffman of counsel), for petitioner.

Martin L. Barr (Jerome Thier of counsel), for New York State Public Employment Relations Board, respondent.

Bernard F. Ashe (Ivor R. Moskowitz of counsel), for Elmira Teachers Association, Local 2638, NYSUT, AFT, AFL-CIO, respondent.

Norman H. Gross (Henry F. Sobota of counsel), for New York State School Board Association, amicus curiae.

CASEY and YESAWICH, JR., JJ., concur with HARVEY, J.; MAHONEY, P. J., and LEVINE, J., dissent and vote to affirm in an opinion by LEVINE, J.

HARVEY, J.

In April 1986, the Legislature enacted the Excellence in Teaching Apportionment Program (hereinafter EIT) as part of its aid to localities budget bill (see, Education Law § 1950 [15] [a]; § 3602 [27], as added by L 1986, ch 53, §§ 20, 49). The statutory scheme allows local school districts to apply for special funds which are to be used to supplement the salaries of eligible...

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