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PROFESSIONAL STAFF v. PERB

21 A.D.3d 10 (2005)

799 N.Y.S.2d 7

In the Matter of PROFESSIONAL STAFF CONGRESS-CITY UNIVERSITY OF NEW YORK, Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

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

June 7, 2005.

Attorney(s) appearing for the Case

Kennedy Schwartz & Cure, P.C., New York City (Stuart Lichten and Arthur Z. Schwartz of counsel), for petitioner.

Sandra M. Nathan, Albany, for New York State Public Employment Relations Board, respondent.

Eliot Spitzer, Attorney General, New York City (Jean Lin, Caitlin Halligan, Frederick P. Schaffer [CUNY] and Katherine Raymond] [CUNY] of counsel), for City University of New York, respondent.

James R. Sandner, Latham (Marilyn S. Dymond of counsel), for New York State United Teachers, amicus curiae.

TOM, J.P., MARLOW, NARDELLI and WILLIAMS, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Petitioner Professional Staff Congress-City University of New York (PSC) is the certified collective bargaining representative of approximately 17,000 instructional and administrative employees of the City University of New York (CUNY). Respondent New York State Public Employment Relations Board (PERB) is the agency charged with administering the New York Public Employees...

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