DeLain v. Governor's Office of Employee Relations

—Cardona, P. J.

Appeal from a judgment of the Supreme Court (Teresi, J.), entered January 13, 1999 in Albany County, which dismissed petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent Governor’s Office of Employee Relations terminating petitioners’ employment and to declare article 35.3 of the collective bargaining agreement between the Public Employees’ Federation and the State invalid as violative of both the US and NY Constitutions.

Petitioners are former employees of the State and…