| Matter of International Union of Operating Engrs., Local 409 v State of N.Y. Pub. Empl. Relations Bd. |
| 2004 NY Slip Op 07069 [11 AD3d 1046] |
| October 1, 2004 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Appellate Division, Fourth Department |
| As corrected through Wednesday, December 15, 2004 |
| In the Matter of International Union of Operating Engineers, Local 409, Petitioner, v State of New York Public Employment Relations Board, Michael R. Cuevas, as Chairman and Board of Education of City School District of City of Buffalo, Respondents. |
—[*1]Motion for reargument granted and, upon reargument, the memorandum and order entered July 9, 2004 is amended by providing in the ordering paragraph that the counterclaim for enforcement is granted. [See 9 AD3d 852 (2004).] Present—Pigott, Jr., P.J., Pine, Kehoe and Hayes, JJ.