Opinion
May 9, 1955.
Appeal from Queens County.
Present — MacCrate, Acting P.J., Schmidt, Beldock, Murphy and Ughetta, JJ. Settle order on notice.
As so modified, order of Special Term unanimously affirmed, with costs to appellant, without prejudice to any proper application to the appellant that respondent may be advised to make. On this application there is no need to determine the extent of compliance with the board's orders. An application to enforce such an order properly made should be granted in entirety. Upon sufficient proof the board found that the union was the representative of a majority of the employees on May 15, 1952, when the board made its amended order. Changes in circumstances or events occurring subsequent thereto are immaterial in an application to the court for an order to enforce the board's order. ( Matter of New York State Labor Relations Bd. v. Timen, 264 App. Div. 120, 122; State Labor Relations Bd. v. Toffenetti Restaurant Co., 180 Misc. 326, affd. 266 App. Div. 837.)