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MATTER OF LOCAL 32 INTL. ASSN. OF FIREFIGHTERS AFL-CIO v. NEW YORK STATE PUB. EMPL. RELATIONS BD.

535052.

217 A.D.3d 1209 (2023)

191 N.Y.S.3d 813

2023 NY Slip Op 03383

In the Matter of Local 32 International Association of Firefighters, AFL-CIO, Utica Professional Firefighters Association, Appellant, v. New York State Public Employment Relations Board et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 22, 2023.

Attorney(s) appearing for the Case

Blitman & King LLP, Syracuse ( Nathaniel G. Lambright of counsel), for appellant.

New York State Public Employment Relations Board, Albany ( Ellen M. Mitchell of counsel), for New York State Public Employment Relations Board, respondent.

William M. Borrill , Corporation Counsel, Utica ( Joseph V. McBride of counsel), for City of Utica, respondent.

Egan Jr., Clark, Reynolds Fitzgerald and Ceresia, JJ., concur.

Appeal from a judgment of the Supreme Court (Peter A. Lynch, J.), entered February 9, 2022, in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motions to dismiss the petition.

In June 2016, petitioner filed an improper practice charge with respondent Public Employment Relations Board (hereinafter...

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