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CITY OF NY v. PATROLMEN'S

No. 205

14 N.Y.3d 46 (2009)

924 N.E.2d 336

897 N.Y.S.2d 382

2009 NY Slip Op 9314

In the Matter of CITY OF NEW YORK et al., Appellants, v. PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC., et al., Defendants and SERGEANTS' BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided December 17, 2009.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for appellants.

Steven D. DeCosta, General Counsel, Office of Collective Bargaining, New York City (John F. Wirenius of counsel), for New York City Office of Collective Bargaining and another, respondents.

Certilman Balin Adler & Hyman, LLP, East Meadow (Candace Reid Gladston, Michael C. Axelrod and Donna-Marie Korth of counsel), for Sergeants' Benevolent Association of the City of New York, Inc., and others, respondents.

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

OPINION OF THE COURT

READ, J.

In January 2005, the New York City Police Department (NYPD) informed representatives of various police unions, including the Detectives Endowment Association (DEA), Patrolmen's Benevolent Association (PBA), Sergeants' Benevolent Association (SBA), and Captains Endowment Association (CEA) (collectively, the unions), that it intended to use a methodology for hair testing known as...

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