Majority
p. 743Syracuse Teachers Association, Incorporated, Respondent, v. Board of Education, Syracuse City School District, Defendant and Third-Party Plaintiff. Comptroller of the State of New York, Third-Party Defendant-Appellant. Argued September 11, 1974; decided October 23, 1974.
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Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for appellant.
Richard R. Rowley, Jeffrey G. Plant and Bernard F. Ashe for respondent.
Order affirmed, with costs, in the following memorandum: One should construe the language in Board of Educ. of Town of Huntington v. Associated Teachers of Huntington ( 30 N Y 2d 122 , 130) to mean that collective bargaining under the Taylor Law (Civil Service Law, § 204, subd. 1) has broad scope with respect to the terms and conditions of employment, limited by plain and clear, rather than express, prohibitions in the statute or decisional law (see, generally, Matter of West Irondequoit Teachers Assn. v. Helsby, 35 N Y 2d 46 , citing and discussing
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the Huntington case). Even so, for the reasons stated in the opinion of Mr. Justice Wither at the Appellate Division the collective bargaining agreement in suit validly provided for a “ Sick Leave Bank ”.
Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Waohtler, Babin and Stevens. Taking no part: Judge Jasen,