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GRESS v. BROWN

No. 203.

20 N.Y.3d 957 (2012)

2012 NY Slip Op 8564

MARLINO GRESS et al., on Behalf of Themselves and All Other Similarly Situated Persons, Respondents, v. BYRON BROWN, as Mayor, City of Buffalo, et al., Respondents, and BUFFALO FISCAL STABILITY AUTHORITY, Appellant.

Court of Appeals of New York.

Decided December 13, 2012.

Attorney(s) appearing for the Case

Harris Beach PLLC, Pittsford ( A. Vincent Buzard and John A. Mancuso of counsel), for appellant.

Lipsitz Green Scime Cambria LLP, Buffalo ( John M. Lichtenthal of counsel), for Marlino Gress and others, respondents.

Timothy A. Ball , Corporation Counsel, Buffalo ( David M. Lee of counsel), for Byron Brown and another, respondents.

Michael A. Cardozo , Corporation Counsel, New York City ( Edward F.X. Hart and Leonard Koerner of counsel), for City of New York, amicus curiae.

Judges GRAFFEO, READ, SMITH and PIGOTT concur; Chief Judge LIPPMAN dissents and votes to affirm in an opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the declaration that the Buffalo Fiscal Stability Authority (the BFSA) does not have the authority to freeze the wages of plaintiffs vacated, and plaintiffs' complaint as against defendant BFSA dismissed.

In 2003, the legislature enacted the Buffalo Fiscal Stability Authority Act (the Act), declaring "that the city of Buffalo...

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