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PBA v. CITY OF NY

97 N.Y.2d 378 (2001)

767 N.E.2d 116

740 N.Y.S.2d 659

PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK INC. et al., Respondents, v. CITY OF NEW YORK et al., Appellants, and NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 2001.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City, Brooklyn (Linda H. Young, Leonard Koerner, Marilyn Richter and Pamela Seider Dolgow of counsel), for City of New York, appellant.

Steven C. DeCosta, New York City, for Board of Collective Bargaining and another, appellants.

Kaye Scholer, L. L. P., New York City (Peter M. Fishbein, Jay W. Waks, Jeffrey A. Fuisz, Rachel H. Yarkon and Aaron R. Pam of counsel), and Gleason, Dunn, Walsh & O'Shea, Albany (Ronald G. Dunn and Michael P. Ravalli of counsel), for Patrolmen's Benevolent Association of City of New York, Inc. and another, respondents.

Gary Johnson, Albany, and Sandra M. Nathan for New York State Public Employment Relations Board and another, respondents.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

In this declaratory judgment action arising from an ongoing collective bargaining dispute between the Patrolmen's Benevolent Association of the City of New York (PBA) and the City of New York (City), the primary issue presented is whether chapter 641 of the Laws of 1998, which amended the Public Employees' Fair Employment Act (Civil Service Law § 200 et. seq. [Taylor...

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