Town of Carmel Police Benevolent Ass'n v. Public Employment Relations Board

—Mikoll, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Public Employment Relations Board which found that respondent Town of Carmel had not committed an improper employer practice.

The issue presented in this proceeding is whether the decision by respondent Public Employment Relations Board (hereinafter PERB) that respondent Town of Carmel’s alteration of the early vacation procedure was a nonmandatory subject of bargaining is arbitrary and capricious, affected by an error of…