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HESLIN v. CITY OF COHOES

74 A.D.2d 393 (1980)

In the Matter of William Heslin, as President of The Cohoes Police Benevolent and Protective Association, Appellant, v. City of Cohoes, Respondent

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

May 22, 1980

Attorney(s) appearing for the Case

Rowley & Forrest, P. C. (Gunter Dully and Richard R. Rowley of counsel), for appellant.

James D. Harrington, Corporation Counsel (Thomas O'Sullivan and Sarah van Lier of counsel), for respondent.

SWEENEY and STALEY, JR., JJ., concur with CASEY, J.; MAHONEY, P. J., and HERLIHY, J., dissent and vote to reverse in separate opinions.

CASEY, J.

In accordance with the procedure set forth in its collective bargaining agreement with the respondent city, the petitioner has pursued grievances on behalf of its members, Westfall and Decatur, the only two persons whose names appear on an existing civil service list for appointment to the position of Captain in the Cohoes Police Department. Their grievances arose because the city appointed one George...

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