Majority
Judgment, Supreme Court, Suffolk County (Melvyn Tanenbaum, J.), entered on or about December 12, 1994, which granted petitioner em
Respondent Board may not invoke Civil Service Law § 204-a (1) to repudiate a collective bargaining agreement it had already approved, albeit with a different membership. Neither the language of section 204-a (1) nor the Board’s past practice with regard to collective bargaining agreements (see, Association of Surrogates & Supreme Ct. Reporters v State of New York, 78 NY2d 143 , 155-156) supports the Board’s contention that the subject contract did not become effective in the absence of a separate and distinct legislative act authorizing its funding, or that a newly-elected legislative body may, in effect, repudiate properly undertaken acts of a previous legislative body. We have considered the Board’s remaining arguments and find them to be without merit. Concur—Milonas, J. P., Ellerin, Rubin, Ross and Mazzarelli, JJ.
Cases cited
- Association of Surrogates & Supreme Court Reporters v. State 78 NY2d 143 at 155-156 p. 125