Legal Opinion
In re the Arbitration between Barnes & Council 82, AFSCME
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 1997PublishedCited by 4 opinions
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Lynch, J.), entered October 30, 1995 in Schenectady County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.
Petitioner’s denial of an employee’s application for disability benefits pursuant to General Municipal Law § 207-c falls within the discretionary authority vested exclusively within municipalities by the statute (see, Matter of De Poalo v County of Schenectady, 200 AD2d 277, 280, affd 85 NY2d 527; Matter of Schenectady County Sheriff’s Benevolent Assn. v McEvoy, 124 AD2d 911, 912). Inasmuch…
2Cases cited4 opinions
- DePoalo v. County of SchenectadyNew York Court of Appeals · 1995
- Schenectady County Sheriff's Benevolent Ass'n v. McEvoyAppellate Division of the Supreme Court of the State of New York · 1986
- De Poalo v. County of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1994
- In re the Arbitration between County of Dutchess & BridgmanAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by4 opinions
- In re the Arbitration between Town of Saugerties & Town of Saugerties Policeman's Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2012
- City of Cohoes v. Uniform Firefighters of Cohoes, Local 2562New York Supreme Court · 1998
- In re the Arbitration Between Barnes & Council 82, AFSCMEAppellate Division of the Supreme Court of the State of New York · 1999
- State of New York—Unified Court System v. Court Attorneys Ass'nAppellate Division of the Supreme Court of the State of New York · 1999