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MATTER OF BETHLEHEM STEEL CORP. v. FENNIE

55 A.D.2d 1007 (1977)

In the Matter of Bethlehem Steel Corporation et al., Respondents, v. James A. Fennie, as Comptroller of The City of Lackawanna, et al., Respondents, and Lackawanna Police Benevolent Association, Appellant

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

January 14, 1977

Judgment unanimously affirmed, without costs, on the opinion at Special Term, Stiller, J., and the following memorandum: We add only that in addition to the grounds found by Special Term to support petitioner's status to maintain this proceeding, section 123-b of the State Finance Law affords ample authority for such action (and see CPLR 103, subd [c]). The arbitrators were not necessarily bound by the fact finder's report (Civil Service Law, § 209, subd 4, par [c],...

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