Civil Service Employees Ass'n v. State of New York Department of Civil Service

Mercure, J. P.

Appeal from a judgment of the Supreme Court (Hughes, J.), entered January 30, 1997 in Albany County, which converted an action for declaratory judgment into a proceeding pursuant to CPLR article 78 and granted respondents’ motions to dismiss the petition.

In this proceeding, petitioners, individuals now or formerly employed by the State Fair Division of respondent Department of Agriculture and Markets in the positions of general mechanic (noncompetitive class) or security services aide (labor class) and their collective bargaining agent, seek judgment compelling respondent…