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  5. 151 A.D.2d 1001 (1989)
 

MATTER OF RUSH-HENRIETTA CENT. SCH. DIST. v. NEWMAN

151 A.D.2d 1001 (1989)

In the Matter of Rush-Henrietta Central School District, Petitioner, v. Harold R. Newman, as Chairman of The New York State Public Employment Relations Board, et al., Respondents

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

June 2, 1989

Determination and order unanimously modified on the law and as modified confirmed without costs, in accordance with the following memorandum:

Petitioner Rush-Henrietta Central School District (District) commenced this CPLR article 78 proceeding to annul the decision of the respondent Public Employment Relations Board (PERB) which ordered the District to rescind its prohibition against smoking in District buildings and buses. PERB's decision, insofar as it

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