POLICE BENEVOLENT ASS'N v. DIVISION NY POLICE


11 N.Y.3d 96 (2008)

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

Court of Appeals of the State of New York.

Decided July 1, 2008.


Attorney(s) appearing for the Case

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

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrea Oser of counsel), for respondents.

Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Judge CIPARICK taking no part.


OPINION OF THE COURT

Chief Judge KAYE.

This appeal by the Police Benevolent Association (PBA) and five state troopers seeks a judgment declaring that troopers have a right to counsel or union representation in "critical incident reviews."

A "critical incident" is defined in the State Police Administrative Manual, in part, as action by a trooper that results in death or serious injury to the trooper...

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