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IN THE MATTER OF BUFFALO POLICE BENVOLENT ASSOCIATION

4 N.Y.3d 660 (2005)

830 N.E.2d 308

797 N.Y.S.2d 410

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

Court of Appeals of the State of New York.

Decided June 7, 2005.

Attorney(s) appearing for the Case

Jaeckle Fleischmann & Mugel, LLP, Buffalo (Matthew C. Van Vessem of counsel), for appellant.

Law Offices of W. James Schwan, Buffalo (W. James Schwan of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

We held in Matter of Professional, Clerical, Tech. Empls. Assn. (Buffalo Bd. of Educ.) (90 N.Y.2d 364 [1997] [PCTEA]) that a public employer could, without violating public policy, agree to forgo its statutory authority to choose any one of three candidates for promotion to clerical and secretarial positions. We now...

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