MAYOR OF THE CITY OF NEW YORK, Appellant,
v.
COUNCIL OF THE CITY OF NEW YORK, Respondent, and
LILLIAN ROBERTS, as Executive Director of District Council 37, AFSCME, AFL-CIO, et al., Intervenors-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 24, 2007.
Decided June 12, 2007.
Attorney(s) appearing for the Case
Michael A. Cardozo, Corporation Counsel, New York City (Alan G. Krams, Mordecai Newman, Leonard Koerner, Spencer Fisher, Larry A. Sonnenshein and Tal Golomb of counsel), for appellant.
Elizabeth Fine, General Counsel, Council of the City of New York, New York City (Alvin L. Bragg, Jr., and Lauren G. Axelrod of counsel), for respondent.
Gladstein, Reif & Meginnis, LLP, New York City (Walter M. Meginniss, Jr., and Anjana Malhotra of counsel), Joan Stern Kiok and Eddie M. Demmings, General Counsel, District Council 37, AFSCME, AFL-CIO (Leonard D. Polletta of counsel), for intervenors-respondents.
Riele Morgiewicz, Albany, for New York Conference of Mayors and Municipal Officials, amicus curiae.
Hiscock & Barclay, LLP, Albany (Mark W. Blanchfield and David M. Cost of counsel), for New York State County Executives' Association, amicus curiae.
Christine Malafi, County Attorney, Hauppauge (Ann K. Kandel of counsel), for County of Suffolk, amicus curiae.
Lorna B. Goodman, County Attorney, Mineola (Karen Hutson and Dennis J. Saffran of counsel), for County of Nassau, amicus curiae.
Stroock & Stroock & Lavan LLP, New York City (Alan M.Klinger, Ernst H. Rosenberger and Beth A. Norton of counsel), for United Federation of Teachers, Local No. 2, American Federation of Teachers, AFL-CIO and others, amici curiae.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur with Judge SMITH; Judge READ dissents in a separate opinion.
Court of Appeals of the State of New York.
OPINION OF THE COURT
SMITH, J.
The Mayor of New York City challenges the validity of two local laws, passed by the City Council over his veto, that give certain fire department employees the status of "uniformed" fire service members for collective bargaining purposes. Like Supreme Court and the Appellate Division, we reject the Mayor's challenge. We hold that the local laws are not preempted by State law, and that the Council had the power to enact them...
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