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MATTER OF CITY OF YONKERS v. CASSIDY

44 N.Y.2d 784 (1978)

In the Matter of the City of Yonkers, Respondent, v. Raymond Cassidy et al., Appellants.

Court of Appeals of the State of New York.

Decided April 27, 1978.

Attorney(s) appearing for the Case

James M. Rose for appellants.

Eugene J. Fox, Corporation Counsel (Richard L. Steer of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Shirley Adelson Siegel of counsel), for New York State Emergency Financial Control Board for the City of Yonkers, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Appellants chose to litigate this dispute in a declaratory judgment action (39 N.Y.2d 964). Having taken that course they waived the right to submit the question to arbitration (Matter of Zimmerman v Cohen, 236 N.Y. 15; cf. Denihan v Denihan, 34 N.Y.2d 307

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