In re the Arbitration between Hudson Valley District Counsil of Carpenters & State
Appellate Division of the Supreme Court of the State of New York
1Dissent
Yesawich, Jr., J. (dissenting).
I respectfully dissent and vote to affirm.
"Public employer”, as defined by Civil Service Law § 201 (6) (a), encompasses a number of entities including "(i) the state of New York” and "(vi) any other * * * agency or instrumentality or unit of government which exercises governmental powers under the laws of the state”. To construe public employer to mean the State of New York as a single unit which includes the subunits of the State reads clause (vi) out of the statute and renders this language meaningless, in contravention of established principles of statutory…
2Cases cited6 opinions
- New York Institute for Education of Blind v. United Federation of Teachers' CommitteeAppellate Division of the Supreme Court of the State of New York · 1981
- New York Institute for Education of Blind v. United Federation of Teachers' Committee for New York Institute for Education of BlindNew York Court of Appeals · 1982
- Civil Service Employees Ass'n v. HelsbyNew York Court of Appeals · 1969
- Civil Service Employees Ass'n v. HelsbyAppellate Division of the Supreme Court of the State of New York · 1969
- Van Vlack v. TernulloNew York Court of Appeals · 1981
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