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IN THE MATTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD

16 A.D.3d 819 (2005)

791 N.Y.S.2d 668

In the Matter of CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

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

March 10, 2005.

Carpinello, J.

At issue in this transferred CPLR article 78 proceeding (see CPLR 7804 [g]) is a challenge to a finding by respondent Public Employment Relations Board (hereinafter PERB) that it did not have jurisdiction over an April 2002 improper practice charge filed by petitioner against the Department of Correctional Services because the charge actually constituted a breach of a prior settlement agreement thereby divesting it of jurisdiction under Civil...

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