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MTR OF CITY v. NYS PERB

No. 93.

30 N.Y.3d 109 (2017)

86 N.E.3d 536

64 N.Y.S.3d 644

2017 NY Slip Op 07210

In the Matter of CITY OF SCHENECTADY, Appellant, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

Court of Appeals of New York.

Decided October 17, 2017.

Attorney(s) appearing for the Case

Girvin & Ferlazzo, P.C., Albany ( Christopher P. Langlois of counsel), for appellant.

David P. Quinn , New York State Employment Relations Board, Albany, for New York State Public Employment Relations Board, respondent.

Gleason, Dunn, Walsh & O'Shea, Albany ( Michael P. Ravalli , Thomas F. Gleason and Richard C. Reilly of counsel), for Schenectady Police Benevolent Association, respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and FEINMAN concur.

OPINION OF THE COURT

The City of Schenectady brought this CPLR article 78 proceeding to review a determination of the New York State Public Employment Relations Board (PERB). PERB determined that the City committed an improper employer practice by enacting Schenectady Police Department General Order No. 0-43 (Apr. 4, 2008),...

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