SOUTHAMPTON v. PERB


2 N.Y.3d 513 (2004)

813 N.E.2d 602

780 N.Y.S.2d 522

In the Matter of TOWN OF SOUTHAMPTON, Appellant, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 2004.


Attorney(s) appearing for the Case

Law Office of Vincent Toomey, Lake Success (Vincent Toomey, Thomas J. Marcoline and Christine A. Gaeta of counsel), for appellant.

Gary Johnson, Albany, for respondents.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.


OPINION OF THE COURT

READ, J.

On February 2, 2001, the Public Employment Relations Board (PERB) found that the Town of Southampton had violated section 209-a (1) (d) of the Taylor Law (Civil Service Law § 200 et seq.) by failing to continue the status quo during negotiations with the Police Benevolent Association of Southampton Town, Inc. (PBA) for a successor collective bargaining agreement. The issue on this appeal is whether PERB properly...

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