Opinion
July 10, 1967
In a proceeding pursuant to CPLR, article 78, transferred to this court for disposition, petitioners seek to compel respondents to pay back wages withheld from them. Petition granted and respondents directed to pay the wages, without costs. On the determination that petitioners were not on strike, and in the absence of the existence of any proceeding against them which would warrant withholding their wages, the petitioners should be paid. (See related appeal and proceeding, Sanitary District No. 6 v. O'Hare, 28 A.D.2d 921, and Matter of Rosenberger v. Sanitary Dist. No. 6, 28 A.D.2d 892, decided herewith.) Rabin, Acting P.J., Hopkins, Benjamin, Munder and Nolan, JJ., concur.