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NEWARK VAL. SCH. v. PERB

189 A.D.2d 229 (1993)

In the Matter of Newark Valley Central School District, Respondent, v. Public Employment Relations Board et al., Appellants

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

April 15, 1993

Attorney(s) appearing for the Case

Ernest F. Hart, Albany (David P. Quinn of counsel), for Public Employment Relations Board, appellant.

Bernard F. Ashe, Albany (Ivor R. Moskowitz of counsel), for The Newark Valley Cardinal Bus Drivers, appellant.

Hogan & Sarzynski, Binghamton (John P. Lynch of counsel), for respondent.

Jay Worona, Albany (Pilar Sokol of counsel), for New York State School Boards Association, amicus curiae.

LEVINE, J. P., MERCURE, MAHONEY and CASEY, JJ., concur.

HARVEY, J.

In February 1990 petitioner established a smoking policy, which became effective in March 1990, that was designed to promote the general policy against smoking in the open areas of schools embodied in Public Health Law § 1399-o (2) (a). Among the provisions of this policy was a ban on smoking by bus drivers on petitioner's school buses regardless of whether students were present.

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