Legal Opinion · Concurring in part, dissenting in part
Civil Service Employees Ass'n v. Milowe
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 1979Published
1Concurring in part, dissenting in part
Mahoney, P. J. (concurring in part and dissenting in part).
Although I agree with my colleagues that the judgment in Proceeding No. 1 should be affirmed, I disagree with them that in Proceeding No. 2 a remittal to PERB is required "for further proceedings not inconsistent herewith”, presumably, for PERB to employ the methodology proposed by the CSEA to detect if forgeries permeated the showing of interest by PEE to such a degree that the election result should be voided. Such a result, in my view, would usurp the significant role legislatively delegated to PERB (Civil Service Law, § 205) to…
2Cases cited10 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Collins v. CoddNew York Court of Appeals · 1976
- Talamo v. MurphyNew York Court of Appeals · 1976
- 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969
- Willcox v. SternNew York Court of Appeals · 1966
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