Legal Opinion
Matter of City of Newburgh v. Pub. Employment Relations Bd. of the State of New York
New York Court of Appeals
Decided October 9, 1984PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division dismissing the prohibition proceeding should be affirmed, with costs.
Just as mandamus will lie only to enforce a clear legal right, prohibition may be availed of only to proscribe a clear legal wrong. That PERB has ordered mediation during the life of the collective bargaining agreement does not, as the City argues, constitute such a clear usurpation of power by PERB, for subdivision 1 of section 209 of the Civil Service Law relates the declaration of impasse “to the end of the fiscal year of the public employer” not to the…
2Cases cited2 opinions
- Burke v. BowenNew York Court of Appeals · 1976
- City of Newburgh v. Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by31 opinions
- Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
- Larry Davis v. Douglas T. Lansing, Warden, Metropolitan Correctional Center, and Richard J. Koehler, Commissioner of Corrections, City of New YorkCourt of Appeals for the Second Circuit · 1988
- MATTER OF AM. TRANSIT INS. CO. v. CorcoranNew York Court of Appeals · 1985
- Atlantic Cement Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1987
- Andrew F. Capoccia, L. L. C. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2000
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