Appellate Division of the Supreme Court of the State of New York November 1, 2001 (Benson v. Cuevas)

Rose, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Public Employment Relations Board which granted respondent State of New York’s motion to dismiss petitioner’s improper practice charge.

In June 1996, Governor George Pataki issued Executive Order No. 39 (9 NYCRR 5.