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Matter of Acosta v. Wollett

Court of Appeals of the State of New York
Dec 15, 1981
55 N.Y.2d 761 (N.Y. 1981)

Opinion

Argued November 17, 1981

Decided December 15, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Marjorie E. Karowe for appellants.

Robert Abrams, Attorney-General (John Q. Driscoll and Shirley Adelson Siegel of counsel), for respondents.

James R. Sandner, Susan Bloom Jones and Alan R. Liebowitz for Public Employees Federation, amicus curiae.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

The record contains substantial evidence to support the finding that petitioners engaged in an unjustified "concerted stoppage of work or slowdown" in violation of subdivision 1 of section 210 of the Civil Service Law. This is not to say that the record would not have supported a contrary conclusion; but judicial review of these matters is limited. Where on the whole record the hearing officer's determination is supported by substantial evidence our review is at an end.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Judgment affirmed, with costs, in a memorandum.


Summaries of

Matter of Acosta v. Wollett

Court of Appeals of the State of New York
Dec 15, 1981
55 N.Y.2d 761 (N.Y. 1981)
Case details for

Matter of Acosta v. Wollett

Case Details

Full title:In the Matter of DOROTHY ACOSTA et al., Appellants, v. DONALD H. WOLLETT…

Court:Court of Appeals of the State of New York

Date published: Dec 15, 1981

Citations

55 N.Y.2d 761 (N.Y. 1981)
447 N.Y.S.2d 241
431 N.E.2d 966

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