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Civil Service Employees Ass'n v. Newman

61 N.Y.2d 641 Court N.Y. Decision date 1983-12-15 English

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p. 641
In the Matter of the Civil Service Employees Association, Inc., et al., Respondents, v Harold R. Newman, as Chairman of the Public Employment Relations Board of the State of New York, et al., Respondents, and Clifton R. Wharton, Jr., as Chancellor of the State University of New York at Albany, et al., Appellants.
Submitted November 21, 1983;
decided December 15, 1983

Motion for leave to withdraw appeal denied. There are two separate article 78 proceedings pending for review of different determinations by PERB. Thus, Parker v Rogerson ( 35 NY2d 971 ), involving inconsistent appellate routes in a single proceeding, is inapplicable. The appeal pending here is the only vehicle by which a review of the nonfinal order of the Appellate Division entered June 7, 1982 [ 88 AD2d 685 ] may be obtained (Matter of Concerned Citizens to Review Jefferson Val. Mall v Town Bd. of Town of Yorktown, 54 NY2d 957 ).

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