Civil Service Employees Ass'n v. Newman

459 N.E.2d 1289, 61 N.Y.2d 641, 471 N.Y.S.2d 852, 1983 N.Y. LEXIS 3636

Opinion

Motion for leave to withdraw appeal denied. There are two separate article 78 proceedings pending for review of different determinations by PERB. Thus, Parker v Rogerson (35 NY2d 971), involving inconsistent appellate routes in a single proceeding, is inapplicable. The appeal pending here is the only vehicle by which a review of the nonfinal order of the Appellate Division entered June 7, 1982 [88 AD2d 685] may be obtained (Matter of Concerned Citizens to Review Jefferson Val. Mall v Town Bd. of Town of Yorktown, 54 NY2d 957).