MATTER OF CITY OF UTICA


241 A.D.2d 962 (1997)

661 N.Y.S.2d 348

In the Matter of the Arbitration between City of Utica, Respondent-Appellant, and Anthony Zumpano, as President of Utica Professional Firefighters Association, Local 32, International Association of Firefighters, AFL-CIO-CLC, Appellant-Respondent

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

July 3, 1997


Order and judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the petition, permanently enjoining arbitration demanded by respondent Anthony Zumpano, as President of the Utica Professional Firefighters Association, Local 32, International Association of Firefighters, AFL-CIO-CLC. The court erroneously relied upon Matter of Board of Educ. v Yonkers Fedn. of Teachers (

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