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POLICE BENEVOLENT ASSN. v. OSTERMAN

73 Misc.2d 184 (1973)

In the Matter of the Police Benevolent Association of the New York State Police, Inc., Petitioner, v. Melvin H. Osterman, Jr., as Director of Office of Employee Relations of the State of New York, et al., Respondents, and Fraternal Order New York State Troopers, Local 1908, American Federation of State, County and Municipal Employees, AFL-CIO, Intervenor. (Proceeding No. 1.) In the Matter of Police Benevolent Association of the New York State Police, Inc., Petitioner, v. Robert D. Helsby, as Chairman of the Public Employment Relations Board, et al., Respondents. (Proceeding No. 2.)

Supreme Court, Special Term, Albany County.

January 18, 1973

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning (Donald D. DeAngelis of counsel), for petitioner in Proceedings No. 1 and No. 2. Louis J. Lefkowitz, Attorney-General (John Q. Driscoll of counsel), for Melvin H. Osterman and others, respondents in Proceedings No. 1 and No. 2. (Sneeringer & Rowley (Richard R. Rowley of counsel), for intervenor. Martin L. Barr for Public Employment Relations Board, respondent in Proceeding No. 2.

JOHN H. PENNOCK, J.

These are two article 78 proceedings by the Police Benevolent Association of the New York State Police, Inc. (petitioner). The first petition seeks injunctive relief in the form of a writ of prohibition coupled with a prayer for an injunction. The Public Employment Relations Board (board) was not made a party to Proceeding No. 1. The second petition seeks review of a decision of the board on the grounds

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