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MATTER OF BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC.

13 N.Y.3d 803 (2009)

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 the City of Buffalo, et al., Appellants.

Court of Appeals of New York.

Decided October 15, 2009.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo (Jeffrey F. Swiatek, Jason E. Markel and Joshua Feinstein of counsel), for appellants.

Creighton, Pearce, Johnsen & Giroux, Buffalo (E. Joseph Giroux, Jr., and Jonathan G. Johnsen of counsel), and Sammarco, Mattacola & Sammarco for respondent.

David P. Quinn, Albany, for State of New York Public Employment Relations Board, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be modified, without costs, by vacating the arbitration award in its entirety and, as so modified, affirmed.

Recognizing that stalled collective bargaining negotiations between municipalities and police or firefighters' unions could jeopardize public safety, the Legislature created a system whereby impasses in such negotiations are first submitted to mediation and then, if they...

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