SUPREME COURT OF THE STATE OF NEW YORK-NEW YORK COUNTY PRESENT: Hon. MICHAEL D. STALLMAN PART 21 Justice Index Number : 400464/2007 INDEX NO. 400464/07 CITY OF NEW YORK MOTION DATE 3/29/10 VS. MOTION SEQ. NO. 004 BOARD OF CERTIFICATION MOTION CAL. NO. 16 SEQUENCE NUMBER: 004 OTHER RELIEFS The following papers, numbered 1 to 3 were read on this Article 78 petition PAPERS NUMBERED Re-Notice of Amended Petition-Amended Verified 1-2 Petition -Exhibits 1-6; A Verified Answer 3 Replying Affidavits-Exhibits -Cross-Motion: D Yes X No -en z Upon the foregoing papers, it is ORDERED that this Article 78 petition is hereby transferred to the Appellate 0 Division, First Department pursuant to CPLR 7804 (g); and it is further en w<( (.)W ORDERED thatthe parties shall file with the Clerk of the Appellate Division a transcript ofthe hearing j::O::: before the Office of Collective Bargaining Board of Certification. en(!) :::::>z ""')In this Article 78 petition, the City of New York seeks to overturn the decision of the Office of Collective o3: Bargaining Board of Certification, which found that the employees in the title NY CAPS Process Analyst, Levels 1-0 c:::l I and II (Title Code No. 06752) are eligible for collection bargaining, except for the NY CAPS Process Analyst wo position at the New York City Office of Labor Relations. Paragraph 44 states that the Office of Collective O:::u.. Bargaining Board of Certification ordered a hearing "to determine whether employees who were presently O:::w w::t: serving in the NPA title are managerial and/or confidential employees and, therefore, excluded from collective ~ .... bargaining." The Board decision cites to pages of the hearing transcript. Petition, Ex 2, at 4. 0:::0::: >-0 ..JI.L. Upon review ofthe parties' legal arguments, the Court sees the petition presents a question of whether ..J substantial evidence supports the Board's decision, which is intertwined with, among other things, issues of :::::> u. whether the Board applied the correct legal standard in determining whether the employees' were eligible for 1-(.) collective bargaining. Accordingly, the petition must be transferred to the Appellative Division. CPLR 7804 (g); w a. Administrative Codeยง 12-308 (b). Because no hearing transcript was filed with this petition, the Court directs en petitioner to file the hearing transcript with the Appellate Division upon transfer of the fl \ n l w b. ' / 0::: en Copies to ~ounsel. jj y w en Dated: w-(Ira , . tttl,/1 <( (.) New rk, New York ' J.S.C. z Check one: X FINAL DISPOSITION 0 NON-FINAL DISPOSITION 0 1-Check if appropriate: DO NOT POST 0 REFERENCE 0 :!!:
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