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MATTER OF POLICEMEN'S BENEVOLENT ASSOCIATION OF THE VILLAGE OF SPRING VALLEY v. GOLDIN

266 A.D.2d 294 (1999)

698 N.Y.S.2d 264

In the Matter of POLICEMEN'S BENEVOLENT ASSOCIATION OF THE VILLAGE OF SPRING VALLEY, Respondent, v. HOWARD GOLDIN, as Chief of Police of the Village of Spring Valley, et al., Appellants.

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

Decided November 8, 1999.

Ordered that the judgment is affirmed, with costs.

The petition alleged that the appellants continued a practice of assigning patrolmen to serve in the out-of-title position of acting-sergeant or officer-in-charge (hereinafter OIC). The petitioner, Policemen's Benevolent Association of the Village of Spring Valley (hereinafter the PBA), alleges, and the Village does not dispute, that whenever a Squad Sergeant is absent due to illness, vacation, or use of personal...

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