IN RE: THE ARBITRATION BETWEEN CITY OF BUFFALO (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: THE ARBITRATION BETWEEN CITY OF BUFFALO, PETITIONER–APPELLANT, BUFFALO POLICE BENEVOLENT ASSOCIATION, INC., RESPONDENT–RESPONDENT. (APPEAL NO. 2.)

CA 11–00160

Decided: June 10, 2011

PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND MARTOCHE, JJ.

GOLDBERG SEGALLA LLP, BUFFALO (JULIE P. APTER OF COUNSEL), FOR PETITIONER–APPELLANT. LAW OFFICES OF W. JAMES SCHWAN, BUFFALO (W. JAMES SCHWAN OF COUNSEL), FOR RESPONDENT–RESPONDENT.

AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating the first ordering paragraph and dismissing the petition and as modified the order is affirmed without costs.

Patricia L. Morgan

Clerk of the Court

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