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MATTER OF CITY OF NY v. NYS PERB

514855.

103 A.D.3d 145 (2012)

956 N.Y.S.2d 689

2012 NY Slip Op 9130

In the Matter of CITY OF NEW YORK et al., Appellants, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

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

December 27, 2012.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Elizabeth S. Natrella of counsel), for appellants.

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

Spivak Lipton, LLP, New York City ( Neil D. Lipton of counsel), for Local 891, International Union of Operating Engineers, AFL-CIO, respondent.

ROSE, J.P., LAHTINEN, SPAIN and KAVANAGH, JJ., concur.

OPINION OF THE COURT

McCARTHY, J.

In 2008, in an effort to reduce traffic congestion, pollution and abuse of parking permits and to encourage the use of public transportation, petitioner City of New York enacted a city-wide plan to reduce the number of parking permits issued to municipal employees for parking on city streets. Prior to enactment of this plan, all employees of the Department of Education of...

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