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BUFFALO UNITED CHARTER v. PERB

I2011-1248.

37 Misc.3d 294 (2012)

943 N.Y.S.2d 868

2012 NY Slip Op 22113

BUFFALO UNITED CHARTER SCHOOL et al., Petitioners, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

Supreme Court, Erie County.

Decided April 24, 2012.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP ( Laurence B. Oppenheimer and Scott M. Pechaitis of counsel), for Buffalo United Charter School and others, petitioners.

Hiscock & Barclay, LLP ( Laurence B. Oppenheimer and Scott M. Pechaitis of counsel), and Whiteman Osterman & Hanna LLP ( John J. Henry and Kevin P. Quinn of counsel), for National Heritage Academies, Inc., petitioner.

David P. Quinn , for New York State Public Employment Relations Board, respondent.

Bruce K. Bryant , for Council of School Supervisors and Administrators, Local 1, AFSA, respondent.

Richard E. Casagrande ( Robert T. Reilly of counsel), for Buffalo United Charter School Education Association, NYSUT/AFT, AFL-CIO, New York, respondent.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Petitioners commenced this CPLR article 78 proceeding to review and annul the February 14, 2011 decision and order of the New York Public Employment Relations Board (PERB) relating to PERB case Nos. C-5672, E-2429, and C-5878 (Matter of Council of School Supervisors & Adm'rs, Local 1 AFSA [Brooklyn Excelsior Charter School], 44 PERB ¶ 3001 [2011]). Petitioners assert that the decision was affected by...

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