Majority
p. 1046In the Matter of International Union of Operating Engineers, Local 409, Petitioner, v State of New York Public Employment Relations Board, Michael R. Cuevas, as Chairman and Board of Education of City School District of City of Buffalo, Respondents. [782 NYS2d 393]
Motion for reargument granted and, upon reargument, the memorandum and order entered July 9, 2004 is amended by providing in the ordering paragraph that the counterclaim for enforcement is granted. [See 9 AD3d 852 (2004).] Present—Pigott, Jr., P.J., Pine, Kehoe and Hayes, JJ.