Maiore v. City of Buffalo

OPINION OF THE COURT

Joseph J. Sedita, J.

This CPLR article 78 proceeding seeks to have this court validate a certain resolution of the Common Council of the City of Buffalo, and direct the executive branch of city government to comply with that resolution. The Corporation Counsel of the city has argued that this court lacks subject matter jurisdiction because the case involves an improper labor practice claim which is within the exclusive jurisdiction of the Public Employment Relations Board (PERB) (Civil Service Law § 205 [5] [d]). The issues raised on these motions appear to present a case…