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MATTER OF STATE OF NY v. PERB

No. 5.

39 N.Y.3d 157 (2023)

204 N.E.3d 1062

184 N.Y.S.3d 280

2023 NY Slip Op 00805

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

Court of Appeals of New York.

Decided February 14, 2023.

Attorney(s) appearing for the Case

Michael N. Volforte , Governor's Office of Employee Relations, Albany ( Clay J. Lodovice of counsel), for appellant.

Michael T. Fois , Public Employment Relations Board, Albany, for New York State Public Employment Relations Board and another, respondents.

Daren J. Rylewicz , Civil Services Employees Association, Inc., Albany ( Steven M. Klein of counsel), for Civil Service Employees Association, Local 1000, AFSCME, AFL-CIO, respondent.

Robin Roach , District Council 37, Local 1359, AFSCME, AFL-CIO, New York City ( Erica C. Gray-Nelson of counsel), for District Council 37, Local 1359, AFSCME, AFL-CIO, respondent.

Lippes Mathia LLP, Albany ( Kevin P Hickey of counsel), for New York State Correctional Officers and Police Benevolent Association, Inc., respondent.

OPINION OF THE COURT

Consistent with Civil Service Law § 50(5), the Department of Civil Service (DCS) unilaterally implemented application fees for promotional and transitional civil service exams. We hold that the imposition of such fees was not a term and condition of...

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