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MATTER OF CITY OF JOHNSTOWN

289 A.D.2d 832 (2001)

734 N.Y.S.2d 504

In the Matter of the Arbitration between CITY OF JOHNSTOWN, Respondent, and JOHNSTOWN POLICE BENEVOLENT ASSOCIATION, Appellant.

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

Decided December 20, 2001.

Crew III, J.

Respondent is the collective bargaining agent for the employees of petitioner's police department. The parties entered into a collective bargaining agreement (hereinafter the CBA), which provided, inter alia, that department employees would be provided retirement benefits based upon average earnings during the 12-month period prior to retirement pursuant to Retirement and Social Security Law § 302 (9) (d). At the time of the execution of the...

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