Majority
p. 921In the Matter of Plainview-Old Bethpage Congress of Teachers et al., Respondents, v Board of Education of the Plainview-Old Bethpage Central School District et al., Appellants. Decided October 30, 1984
p. 922
APPEARANCES OF COUNSEL
Gregory J. Guercio and Joseph W. Campanella for appellants.
Stanley A. Immerman and Robert D. Clearfield for respondents.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Measurement of the 30 to 90 days time period within which payroll deductions may be taken does not commence until the employees concerned have been notified individually of the determination that they have committed a violation. (Matter of King v Carey, 57 NY2d 505 , 514; Civil Service Law, § 210, subd 2, pars [d], [e], [f].) The decision in Matter of De Lury v Beame ( 49 NY2d 155 ) is not to be construed inconsistently with this statutory requirement.
p. 923
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Cases cited
- King v. Carey 57 NY2d 505 at 514 p. 922
- De Lury v. Beame 49 NY2d 155 p. 922