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PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC. v. NEW YORK CITY BOARD OF COLLECTIVE BARGAINING

38 A.D.3d 482 (2007)

834 N.Y.S.2d 95

PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC., Appellant, v. NEW YORK CITY BOARD OF COLLECTIVE BARGAINING et al., Respondents. PATRICK LYNCH, as President of the Patrolmen's Benevolent Association of the City of New York, Inc., et al., Appellants, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided March 29, 2007.

In the above-captioned article 78 proceeding commenced by the Patrolmen's Benevolent Association (PBA) against the New York City Board of Collective Bargaining (BCB) as well as the underlying administrative proceeding, the PBA argued that PMP constituted discipline. The issue was litigated and squarely decided administratively, and the administrative determination rejecting the PBA's contention was properly upheld in the appealed August 17, 2005 order as neither arbitrary...

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