Majority
p. 621(March 16, 1982) In the Matter of the Town of Oyster Bay, Petitioner, v Public Employment Relations Board of the State of New York, Respondent, and Civil Service Employees Association, Inc., Intervenor.
On the court’s own motion, its decision and order both dated March 8, 1982 [ 87 AD2d 595 ], are recalled and vacated and the following decision is substituted: Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Public Employment Relations Board, dated December 29, 1980, which, inter alia, held that petitioner had violated section 209-a (subd 1, par [d]) of the Civil Service Law. The board has cross-claimed for enforcement of its determination. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements; the cross claim is granted. No opinion. Damiani, J. P., Lazer, Gibbons and Gulotta, JJ., concur.