International Union of Operating Engineers, Local 409 v. State of New York Employment Relations Board (11 A.D.3d 1046, 2004)

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.