Matter of Erie County Med. Ctr. Corp. v Public Empl. Relations Bd.
2008 NY Slip Op 00833 [48 AD3d 1094]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


In the Matter of Erie County Medical Center Corporation, Petitioner, v Public Employment Relations Board et al., Respondents.

[*1] Colucci & Gallaher, P.C., Buffalo (Paul G. Joyce of counsel), for petitioner.

David P. Quinn, Albany, for respondent Public Employment Relations Board.

Joel M. Poch, Cheektowaga, for respondent American Federation of State, Local and Municipal Employees, New York Council 66 and its Affiliated AFSCME Local 1095, AFL-CIO.

Nancy E. Hoffman, Albany (Paul S. Bamberger of counsel), for respondent Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Erie Unit Local 815.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Timothy J. Drury, J.], entered June 12, 2007) to review a determination of respondent Public Employment Relations Board. The determination found after a hearing that petitioner had engaged in an improper practice.

It is hereby ordered that the determination is unanimously confirmed without costs, the petition is dismissed and the counterclaim for enforcement of the order of respondent Public Employment Relations Board dated December 20, 2006 is granted for reasons stated in the decision of that respondent. Present—Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.