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POLICE v. DIVISION NY POLICE

43 A.D.3d 125 (2007)

840 N.Y.S.2d 828

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

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

July 26, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for appellants.

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

CREW III, MUGGLIN, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

CARDONA, P.J.

This action was commenced by five State Troopers and their Police Benevolent Association (hereinafter PBA) seeking a declaration that all State Troopers and Officers employed by defendant Division of State Police have a right to counsel and union representation at all stages of a critical incident investigation. The Division's Administrative Manual presently defines a critical incident as, among other things, (1) "[a]ny...

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