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DEPOSIT CENT. SCH. v. PERB

214 A.D.2d 288 (1995)

633 N.Y.S.2d 607

In the Matter of Deposit Central School District, Appellant, v. Public Employment Relations Board et al., Respondents

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

November 2, 1995

Attorney(s) appearing for the Case

Hogan & Sarzynski, Binghamton (John B. Hogan of counsel), for appellant.

Gary Johnson, Albany (David P. Quinn of counsel), for Public Employment Relations Board, respondent.

Bernard F. Ashe, Albany (Ivor R. Moskowitz of counsel), for New York State United Teachers, respondent.

MIKOLL, J. P., CREW III, YESAWICH JR. and PETERS, JJ., concur.

CASEY, J.

The only issue raised by petitioner's appeal is whether the administrative proceeding commenced by the improper practice charge filed by respondent Deposit Teachers Association, NYSUT, AFT, AFL-CIO, Local 2602 (hereinafter the teachers' association) with respondent Public Employment Relations Board (hereinafter PERB) was barred by Education Law § 3813. It is undisputed that the teachers' association...

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