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LOCAL NO 463 v. NIAGARA FALLS

191 Misc.2d 375 (2002)

743 N.Y.S.2d 236

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 463, et al., Petitioners, v. CITY OF NIAGARA FALLS et al., Respondents. JOSEPH PEDULLA, as President of Niagara Falls Uniformed Firefighters Association, AFL-CIO, Local 714, Petitioner, v. CITY OF NIAGARA FALLS, Respondent. DAVID BATHURST, as President of Niagara Falls Fire Department Officers Association, Local 3359, et al., Petitioners, v. CITY OF NIAGARA FALLS et al., Respondents.

Supreme Court, Niagara County.

April 16, 2002.

Attorney(s) appearing for the Case

Roemer, Wallens & Mineaux, LLP, Albany (Matthew J. Kelly of counsel), for respondents.

Creighton, Pearce & Johnsen, Buffalo (Catherine Creighton of counsel), for International Union of Operating Engineers, Local No. 463, and others, petitioners.

E. Joseph Giroux, Jr., Buffalo, for United Steel Workers of America, Local 9434-00, and another, petitioners.

William E. Grande, Kenmore, for Niagara Falls Police Club, Inc., and others, petitioners.

Berrigan, Perlman & Gabriele, Niagara Falls (Edward P. Perlman of counsel), for Joseph Pedulla, petitioner.

Schwan & Sammarco, Buffalo (W. James Schwan of counsel), for David Bathurst and another, petitioners.

OPINION OF THE COURT

RALPH A. BONIELLO, III, J.

There are several applications before this court. A special proceeding was commenced pursuant to article 63 of the CPLR, by petitioner, Joseph Pedulla, as President of Niagara Falls Uniformed Firefighters Association, AFL-CIO, Local 714 (hereinafter Pedulla) under index number 111507 and plaintiffs, David Bathurst, as President of Niagara Falls Fire Department Officers Association, Local 3359, and Niagara Falls...

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