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IN THE MATTER OF INTERNATIONAL UNION OF OPERATING ENGINEERS v. STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD

9 A.D.3d 851 (2004)

780 N.Y.S.2d 251

In the Matter of INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 409, Petitioner, v. STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

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

July 9, 2004.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination of respondent State of New York Public Employment Relations Board (PERB) affirming the decision of the Administrative Law Judge (ALJ) that petitioner violated Civil Service Law § 209 (2) when it refused to provide certain...

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