City of Newburgh v. Public Employment Relations Bd.
| Decision Date | 09 October 1984 |
| Docket Number | I,AFL-CI |
| Parties | , 471 N.E.2d 140 In the Matter of the CITY OF NEWBURGH, Appellant, v. PUBLIC EMPLOYMENT RELATIONS BOARD of the State of New York, Respondent, and Local 589, International Association of Fire Fighters,ntervenor- Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division dismissing the prohibition proceeding should be affirmed, with costs.
Just as mandamus will lie only to enforce a clear legal right, prohibition may be availed of only to proscribe a clear legal wrong. That PERB has ordered mediation during the life of the collective bargaining agreement does not, as the City argues, constitute such a clear usurpation of power by PERB, for subdivision 1 of section 209 of the Civil Service Law relates the declaration of impasse "to the end of the fiscal year of the public employer" not to the contract year (see Matter of Burke v. Bowen, 40 N.Y.2d 264, 268, 386 N.Y.S.2d 654, 353 N.E.2d 567). Moreover, even as to a clearly ultra vires act, prohibition does not lie against an administrative agency if another avenue of judicial review is available, absent a demonstration of irreparable injury to the applicant if he is relegated to such other course. Here, as the Appellate Division noted (97 A.D.2d 258, 262, 470 N.Y.S.2d 799), adequate means exist for presentation by the City of its argument against compulsory arbitration (see 4 NYCRR 205.6). Nor, for like reason, should the authority granted by CPLR 103 to convert this proceeding to an action for declaratory judgment be exercised.
Order affirmed, with costs, in a memorandum.
To continue reading
Request your trial
-
N.Y.S. Police Investigators Ass'n v. State, 908458-19
...Health Council , 63 N.Y.2d 904, 906, 483 N.Y.S.2d 211, 472 N.E.2d 1039 [1984] ; Matter of City of Newburgh v. Public Employment Relations Bd. , 63 N.Y.2d 793, 795, 481 N.Y.S.2d 327, 471 N.E.2d 140 [1984] ). In a proceeding for writ of prohibition, a petitioner must establish that: "(1) a bo......
-
Atlantic Cement Co., Inc. v. Williams
...for an exercise of its discretion in matters not resolved on the record (see, Matter of City of Newburgh v. Public Employment Relations Bd. of State of N.Y., 63 N.Y.2d 793, 795, 481 N.Y.S.2d 327, 471 N.E.2d 140; Matter of State of New York v. King, 36 N.Y.2d 59, 62, 364 N.Y.S.2d 879, 324 N.......
-
Nasca v. Sgro
...which will lie only to enforce a clear legal right ( see Matter of City of Newburgh v. Public Empl. Relations Bd. of State of N.Y., 63 N.Y.2d 793, 481 N.Y.S.2d 327, 471 N.E.2d 140). The plaintiff's complaint fails to allege sufficient facts to show that he has a clear legal right to the rel......
-
Davis v. Lansing, 1427
...legal right. Id. at 352, 509 N.Y.S.2d at 495, 502 N.E.2d at 172 (prohibition); City of Newburgh v. Public Employment Relations Board, 63 N.Y.2d 793, 795, 481 N.Y.S.2d 327, 328, 471 N.E.2d 140, 141 (1984) Davis' requests for relief were insufficient to warrant action under Article 78 accordi......