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POLICE ASSN. v. STATE POLICE

29 A.D.3d 68 (2006)

811 N.Y.S.2d 176

POLICE BENEVOLENT ASSOCIATION OF NEW YORK STATE TROOPERS, INC., et al., Appellants, v. DIVISION OF NEW YORK STATE POLICE, Respondent.

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

March 2, 2006.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Mark T. Walsh of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh of counsel), for respondent.

SPAIN, J.P., CARPINELLO, MUGGLIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

ROSE, J.

This action was commenced by four State Troopers and their Police Benevolent Association to obtain a judgment declaring that the orders of their superiors directing them not to appear in response to subpoenas issued by local courts for certain pretrial proceedings are not lawful and need not be obeyed. In their complaint, plaintiffs allege that such orders put the Troopers in...

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