Legal Opinion

Police Benevolent Ass'n of New York State Troopers, Inc. v. Division of New York State Police

New York Court of Appeals

Decided July 1, 2008PublishedCited by 8 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

This appeal by the Police Benevolent Association (PBA) and five state troopers seeks a judgment declaring that troopers have a right to counsel or union representation in “critical incident reviews.”

A “critical incident” is defined in the State Police Administrative Manual, in part, as action by a trooper that results in death or serious injury to the trooper or another person, or discharge of a firearm. After every critical incident, the Division of New York State Police conducts both a criminal and an administrative investigation to ascertain whether the…

2Cases cited4 opinions

  1. Board of Education of City School District v. New York State Public Employment Relations BoardNew York Court of Appeals · 1990
  2. City of Watertown v. State of New York Public Employment Relations BoardNew York Court of Appeals · 2000
  3. Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations BoardNew York Court of Appeals · 2006
  4. Fortune v. State of New York, Division of State PoliceAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by8 opinions

  1. Matter of Developmental Disabilities Inst., Inc. v. New York State Off. for People with Dev. DisabilitiesAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Lawyers for Children v. New York State Off. of Children & Family Servs.Appellate Division of the Supreme Court of the State of New York · 2023
  3. City of Middletown v. City of Middletown Police Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
  4. Raymond v. WalshAppellate Division of the Supreme Court of the State of New York · 2009
  5. City of Schenectady v. New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 2016

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API