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MATTER OF FOLLETT v. SEJAN

123 Misc.2d 263 (1984)

In the Matter of Craig L. Follett et al., Petitioners, v. John Sejan, Jr., as Chief of Police of the City of Binghamton, Respondent. Richard T. Felo, as President of the Binghamton Police Benevolent Association, et al., Intervenors-Respondents.

Supreme Court, Broome County.

March 9, 1984

Attorney(s) appearing for the Case

Kramer, Wales & McAvoy (Robert H. Wedlake of counsel), for petitioners. Kenneth Auerbach, Corporation Counsel (David M. Dutko of counsel), for respondent. Butler & Allen (Earl D. Butler of counsel), for intervenors-respondents.

STEPHEN SMYK, J.

In this CPLR article 78 proceeding, petitioners, who are employees of the City of Binghamton Police Department, seek a judgment reversing and annulling the establishment by respondent, the Chief of Police, of permanent tours of duty for officers of the Department's patrol division. Permanent tours of duty (nonrotating shift schedules) were established commencing on January 1, 1984, as a result of an agreement reached after collective...

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