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CITY OF BUFFALO v. RINALDO

56 A.D.2d 212 (1977)

In the Matter of The City of Buffalo, Petitioner, v. Thomas N. Rinaldo et al., Respondents

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

February 25, 1977

Attorney(s) appearing for the Case

Leslie G. Foschio (Joseph A. Tringali of counsel), for petitioner.

Martin L. Barr (Anthony Cagliostro of counsel), for Thomas N. Rinaldo and another, respondents.

Sargent & Lippes (Nicholas Sargent of counsel), for Buffalo Police Benevolent Association, Inc. respondent.

SIMONS, DILLON, GOLDMAN and WITMER, JJ., concur.

MARSH, P. J.

In this article 78 proceeding the City of Buffalo seeks to vacate and annul an arbitration award made pursuant to compulsory arbitration mandated by Civil Service Law (§ 209, subd 4). Pursuant to Caso v Coffey (41 N.Y.2d 153) we treat the proceeding as one under CPLR article 75 and PERB's motion to dismiss...

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