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MATTER OF DOCS v. KINSELLA

220 A.D.2d 19 (1996)

642 N.Y.S.2d 720

In the Matter of State of New York Department of Correctional Services, Petitioner, v. Pauline R. Kinsella et al., Constituting The Public Employment Relations Board et al., Respondents. (Proceeding No. 1.) In the Matter of Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Petitioner, v. New York State Public Employment Relations Board, Respondent. (Proceeding No. 2.)

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

May 9, 1996

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Lew A. Millenbach of counsel), for Department of Correctional Services, petitioner.

Nancy E. Hoffman, Albany (Jerome Lefkowitz of counsel), for Civil Service Employees Association, petitioner.

Gary Johnson, Albany (David P. Quinn of counsel), for New York State Public Employment Relation Board, respondent.

Hite & Casey, P. C., Albany (Christopher H. Gardner of counsel), for Council 82, respondent.

Richard P. Casagrande, Albany (Jeffrey G. Plant of counsel), for Public Employees Federation, respondent.

MIKOLL, J. P., MERCURE, YESAWICH JR. and SPAIN, JJ., concur.

CREW III, J.

In mid-1990, petitioner Department of Correctional Services (hereinafter DOCS) developed a program known as HUB, under the provisions of which correctional facilities in close geographic proximity to one another would be clustered under a single controlling administration. According to one of the architects of HUB, the program was designed to, inter alia, increase efficiency and improve the...

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