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MATTER OF BUFFALO PROFESSIONAL FIREFIGHTERS ASS'N

50 A.D.3d 106 (2008)

850 N.Y.S.2d 744

In the Matter of the Arbitration between BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC., LOCAL 282, IAFF, AFL-CIO-CLC, Respondent, and ANTHONY MASIELLO, as Mayor of City of Buffalo, et al., Appellants.

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

February 1, 2008.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo (Jeffrey F. Swiatek of counsel), for respondents-appellants.

Law Offices of J. Gregory Hoelscher, Buffalo (J. Gregory Hoelscher of counsel), and Sammarco, Mattacola & Sammarco, LLP, for petitioner-respondent.

SCUDDER, P.J., and PERADOTTO, J., concur with LUNN, J.; GORSKI and GREEN, JJ., dissent in part and vote to affirm in a separate opinion by GORSKI, J.

OPINION OF THE COURT

LUNN, J.

In this appeal we are asked to decide whether Supreme Court properly vacated a compulsory public interest arbitration award on the ground that the arbitration panel, in making its award, exceeded its authority by failing to set forth the basis for its findings with the requisite specificity.

The collective bargaining agreement between petitioner, the union representing City of Buffalo firefighters, and the City of Buffalo...

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