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  5. 58 N.Y.2d 957 (1983)
 

CITY OF NEW YORK v. UNIFORMED FIREFIGHTERS ASS'N, LOCAL 94, IAFF, AFL-CIO

58 N.Y.2d 957 (1983)

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

Court of Appeals of the State of New York.

Decided February 23, 1983.

Attorney(s) appearing for the Case

John F. Mills, Robert A. Kennedy and David Westermann, Jr., for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Carolyn E. Demarest and Leonard Koerner of counsel), for respondents.

Beverly Gross, Harold L. Fisher, Murray Gordon, Ann F. Hoffman, Jeffrey S. Karp, James R. Sandner, David N. Stein and Nancy E. Tripp for Municipal Labor Committee, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the award confirmed.

The city concedes, and we agree, that subdivision b of section 1173-4.3 of the Administrative Code of the City of New York (Collective Bargaining Law) does not proscribe permissive bargaining of management prerogatives such as the "personnel by which government operations are to be conducted" but argues that by...

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