IN THE MATTER OF PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC. v. CITY OF NEW YORK


27 A.D.3d 381 (2006)

812 N.Y.S.2d 62

In the Matter of 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 CITY BOARD OF COLLECTIVE BARGAINING et al., Respondents.

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

March 28, 2006.


The administrative refusal, on mootness grounds, to determine petitioners' separate improper practice claim was arbitrary and capricious in light of a viable controversy manifested by, among other things, the City's repeated insistence that petitioners, the exclusive bargaining representatives for its members, proceed through another entity that it often worked with only upon consent. In this regard, the administrative determination was not entitled to deference (see Matter...

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