Judgment unanimously affirmed without costs.
Memorandum:
Petitioner, the exclusive bargaining representative for officers of the Rochester Police Department, commenced a CPLR article 78 proceeding to enjoin respondents, the City and the police department, from requiring officers to serve in out-of-title positions in nonemergency situations. Petitioner alleged that respondents' practice violates Civil Service Law § 61 (2). In their answer, respondents...
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