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NYC TR. AUTH. v. NYS PERB

196 Misc.2d 532 (2003)

766 N.Y.S.2d 282

In the Matter of NEW YORK CITY TRANSIT AUTHORITY, Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

Supreme Court, Kings County.

May 8, 2003.

Attorney(s) appearing for the Case

Martin B. Schnabel (Robert K. Drinan of counsel), for petitioner.

Gary Johnson (Sandra M. Nathan of counsel), for New York State Public Employment Relations Board, respondent.

Kennedy, Schwartz & Cure, P.C. (Stuart Lichten of counsel), for Transport Workers Union, respondent.

OPINION OF THE COURT

JOSEPH J. DOWD, J.

In this CPLR article 78 proceeding, petitioner New York City Transit Authority (Transit Authority) seeks an order and judgment annulling a determination of the respondent New York State Public Employment Relations Board (PERB), dated October 2, 2002, which sustained upon a stipulated record in lieu of a hearing a finding of an administrative law judge (ALJ) that the Transit Authority had violated section 209-a (1)...

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