Summary
In Civil Serv. Technical Guild v. Anderson, 55 N.Y.2d 618, 446 N.Y.S.2d 264 (1981) (adopting dissenting opinion at 79 A.D.2d 541, 434 N.Y.S.2d 13 (1st Dept. 1980)) ("Civil Service Guild"), the Court of Appeals approved an earlier Board determination, in which the Board relied on its own guidelines, culled from its expertise and its reasonable interpretation of the statute.
Summary of this case from In the Matter of City v. District Council 37Opinion
Argued October 12, 1981
Decided November 17, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, XAVIER C. RICCOBONO, J.
Burton C. Agata and Malcolm D. MacDonald for Arvid Anderson, as Chairman of the Board of Certification of the Office of Collective Bargaining of the City of New York and others, appellants.
Allen G. Schwartz, Corporation Counsel (Leonard Koerner, Alfred Weinstein and Isaac Klepfish of counsel), for City of New York and others, appellants.
Adam Ira Klein and Mark Steven Soroka for respondents.
Order reversed, with costs, and the petition dismissed for reasons stated in the dissenting memorandum by Justice THEODORE R. KUPFERMAN at the Appellate Division ( 79 A.D.2d 541, 542-545).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.
December 22, 1981
On the court's own motion, the remittitur is recalled and when returned it will be amended to read as follows: Order reversed, with costs, and the petition dismissed for reasons stated in the dissenting memorandum by Justice THEODORE R. KUPFERMAN at the Appellate Division ( 79 A.D.2d 541, 542-545). Question certified answered in the negative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.