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CITY OF NY v. FIREFIGHTERS

87 A.D.2d 255 (1982)

City of New York et al., Respondents, v. Uniformed Firefighters Association, Local 94, IAFF, AFL-CIO, Respondent-Appellant

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

June 8, 1982

Attorney(s) appearing for the Case

John F. Mills of counsel (Robert A. Kennedy and Vincent F. O'Hara with him on the brief; Colleran, O'Hara, Kennedy & Mills, P. C., attorneys), for the respondent-appellant.

Carolyn E. Demarest of counsel (Leonard Koerner with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

ROSS, J. P., concurs with BLOOM, J.; SILVERMAN, J., concurs in an opinion and in the opinion of BLOOM, J.; MARKEWICH and ASCH, JJ., dissent in an opinion by ASCH, J.

BLOOM, J.

This controversy flows from an award made by an arbitrator which determined that the assignment of civilians to the performance of inspectional and fire prevention duties would violate the collective agreement subsisting between the Fire Department and the United Firefighters Association, Local 94, IAFF, AFL-CIO (the Union). Special Term granted the city's motion to vacate the arbitrator's award on the ground that it has the responsibility to...

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