Civil Service Employees Ass'n v. Newman

Herlihy, J. (concurring in part and dissenting in part).

I concur in that part of the order appealed from that grants PEF the membership dues for the reasons and upon the findings set forth in the opinion of Mr. Justice Cholakis at Special Term. I dissent, however, as to the agency shop fees and would grant the motion of the intervenors as to this aspect of the case. The prior decision of the Court of Appeals, the decisions of this court and Special Term did not consider the merits of the intervenors’ arguments and contentions.

There appears to be no precedent for the present proceeding and it…