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LEVITT v. BD. OF BARGAINING

79 N.Y.2d 120 (1992)

In the Matter of Judith A. Levitt, as City Personnel Director, et al., Respondents, v. Board of Collective Bargaining of the City of New York, Office of Collective Bargaining, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1992.

Attorney(s) appearing for the Case

Steven C. DeCosta for appellant.

Victor A. Kovner, Corporation Counsel (Linda Young, Pamela Seider Dolgow and Patrick L. Taylor), for respondents.

Chief Judge WACHTLER and Judges TITONE and HANCOCK, JR., concur with Judge KAYE; Judge SIMONS dissents in part and votes to affirm in a separate opinion in which Judge BELLACOSA concurs; Judge ALEXANDER taking no part.

KAYE, J.

This appeal centers on the determination of the Board of Collective Bargaining of the City of New York (the Board) that New York City committed an improper public employer practice in unilaterally ordering that, as a condition of appointment or promotion, candidates disclose and pay debts owed the City. We conclude that, in overturning the Board's determination...

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