MATTER OF POLICE BENEVOLENT ASS'N OF THE CITY OF YONKERS, NEW YORK, INC. v. CITY OF YONKERS


37 A.D.2d 990 (1971)

In the Matter of The Police Benevolent Association of the City of Yonkers, New York, Inc., et al., Respondents, v. City of Yonkers et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 29, 1971


Order reversed insofar as appealed from, with $10 costs and disbursements, on the law; appellants' motion to dismiss the proceeding granted; petitioners' cross motion denied; and proceeding dismissed.

Special Term erred in holding that the exhaustion of the contract grievance procedure was not a condition precedent to the institution of this proceeding (CPLR 7801...

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