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BUFFALO POLICE v. BUFFALO

79 A.D.2d 186 (1981)

Buffalo Police Benevolent Association, Inc., et al., Respondents, v. City of Buffalo et al., Appellants

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

February 20, 1981

Attorney(s) appearing for the Case

Joseph P. McNamara, Corporation Counsel (Anthony C. Vaccaro of counsel), for appellants.

Sargent & Repka, P. C. (Nicholas J. Sargent of counsel), for respondents.

SIMONS, J. P., HANCOCK, JR., DOERR and DENMAN, JJ., concur.

MOULE, J.

Two questions are presented on this appeal: first, whether there was jurisdiction to grant a preliminary injunction after the matter had been submitted to the Public Employment Relations Board and, second, whether sufficient grounds were established for the issuance of a preliminary injunction.

The members of the Buffalo Police Department have for many years worked on the following shift basis: either working 8:00 A.M. to 4:00 P.M. on...

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