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LYNCH v. OFFICE OF LABOR RELATIONS OF THE CITY OF NEW YORK

21 A.D.3d 831 (2005)

802 N.Y.S.2d 13

PATRICK J. LYNCH, as President of the Patrolmen's Benevolent Association of the City of New York, Inc., Appellant, v. OFFICE OF LABOR RELATIONS OF THE CITY OF NEW YORK et al., Respondents.

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

September 22, 2005.

The IAS court erred in concluding that our prior decision in Matter of Patrolmen's Benevolent Assn. of City of N.Y. v. City of New York (293 A.D.2d 253 [2002], lv denied 98 N.Y.2d 608 [2002]) deprived it of jurisdiction under CPLR 2308 (b) to compel compliance with petitioner's nonjudicial subpoenas. However, the petition was properly dismissed since the dispute was not ripe for adjudication. In a proper exercise of discretion...

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