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In the Matter of City of Yonkers, Respondent,v.Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, Appellant.

Brief

25 Cited authorities

  1. Matter of Board of Education

    93 N.Y.2d 132 (N.Y. 1999)   Cited 181 times   1 Legal Analyses
    In Watertown, the New York Court of Appeals scrutinized two-decades of jurisprudence concerning the "presumptions relating to arbitrability in the public sector [and] the respective roles of courts and arbitrators.

  2. Superintendent of Schools, Liverpool

    42 N.Y.2d 509 (N.Y. 1977)   Cited 231 times

    Argued September 7, 1977 Decided October 18, 1977 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EDWARD F. McLAUGHLIN, J. Edward A. O'Hara III and Dennis G. O'Hara for appellant. Gerard J. De Wolf, Bernard F. Ashe and Richard C. Heffern for respondent. JONES, J. We hold that in arbitrations which proceed under the authority of the Taylor Law, the scope of the particular arbitration clause, and thus whether the question sought to be submitted to arbitration

  3. Bingham v. New York City Transit Auth.

    99 N.Y.2d 355 (N.Y. 2003)   Cited 75 times

    13 Argued January 14, 2003. Decided February 20, 2003. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley

  4. In the Matter of Johnstown

    99 N.Y.2d 273 (N.Y. 2002)   Cited 62 times

    155, 156 Decided December 17, 2002. Appeal, in the first above-entitled proceeding, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered December 20, 2001, which (1) reversed, on the law, an order of the Supreme Court (Robert P. Best, J.) entered in Fulton County, granting a petition to stay arbitration relating to the retirement provision of the parties' collective bargaining agreement, and (2) dismissed the

  5. Board of Education of City School District v. New York State Public Employment Relations Board

    75 N.Y.2d 660 (N.Y. 1990)   Cited 65 times   1 Legal Analyses
    Recognizing that "in a few instances, however, what might otherwise be negotiable terms and conditions of employment are prohibited from being collectively bargained. For example, a statute may direct that certain action be taken by the employer, leaving no room for negotiation."

  6. Professional Staff Congress-City University v. New York State Public Employment Relations Board

    7 N.Y.3d 458 (N.Y. 2006)   Cited 31 times

    No. 91. Argued September 6, 2006. Decided October 17, 2006. APPEALS, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 7, 2005, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in New York County). The Appellate Division granted the petition to set aside a determination of respondent New York State Public Employment Relations Board

  7. Reporters Assn. v. N Y State

    79 N.Y.2d 39 (N.Y. 1992)   Cited 42 times   2 Legal Analyses
    Holding unanimously that a 1991 statute deferring state employees' salary payments was not "reasonable and necessary to accomplish the State's purposes"

  8. In re Peters

    77 A.D.3d 1236 (N.Y. App. Div. 2010)   Cited 16 times

    No. 508842. October 28, 2010. Appeal from an order of the Supreme Court (Lebous, J.), entered October 6, 2009 in Broome County, which, among other things, denied petitioner's application in proceeding No. 2 pursuant to CPLR 7503 to permanently stay arbitration between the parties. The Law Firm of Frank W. Miller, East Syracuse (Frank W. Miller of counsel), for appellants. James R. Sander, Latham (Richard E. Casagrande of counsel), for respondents. Before: Mercure, J.P., Rose, Malone Jr. and Kavanagh

  9. Union Free Dist. #15 v. Lawrence Teachers Ass'n

    33 A.D.3d 808 (N.Y. App. Div. 2006)   Cited 5 times

    No. 2005-00758. October 17, 2006. In a proceeding pursuant to CPLR article 75 to vacate a demand for arbitration served by the respondent and to stay the arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (Davis, J.), entered January 5, 2005, which denied the petition and directed the parties to proceed to arbitration. Before: Florio, J.P., Krausman, Luciano and Skelos, JJ., concur. Ordered that the order is affirmed, with costs. In 2002 the parties entered into

  10. City of Oswego v. Oswego City Firefighters Ass'n

    93 A.D.3d 1243 (N.Y. App. Div. 2012)

    2012-03-16 In The Matter of the Arbitration Between CITY OF OSWEGO, Petitioner–Appellant,andOSWEGO CITY FIREFIGHTERS ASSOCIATION, LOCAL 2707, Respondent–Respondent. Roemer Wallens Gold & Mineaux LLP, Albany (Earl T. Redding of Counsel), for petitioner-appellant. Satter & Andrews, LLP, Syracuse (Mimi C. Satter of Counsel), for respondent-respondent. Roemer Wallens Gold & Mineaux LLP, Albany (Earl T. Redding of Counsel), for petitioner-appellant. Satter & Andrews, LLP, Syracuse (Mimi C. Satter of Counsel)

  11. Section 7503 - Application to compel or stay arbitration; stay of action; notice of intention to arbitrate

    N.Y. CPLR 7503   Cited 2,249 times
    Barring parties from seeking a stay of arbitral proceedings where they "participated" in those proceedings

  12. Section 207-C - Payment of salary, wages, medical and hospital expenses of police officers with injuries or illness incurred in the performance of duties

    N.Y. Gen. Mun. Law § 207-C   Cited 414 times   2 Legal Analyses

    1.[Effective until the first day of the calendar month following receipt by the comptroller of the election by The Long Island Rail Road Company] Any sheriff, undersheriff, deputy sheriff or corrections officer of the sheriff's department of any county or any member of a police force of any county, city of less than one million population, town or village, or of any district, agency, board, body or commission thereof, or any LIRR police officer as defined in paragraph two of subdivision a of section

  13. Section 209-A - Improper employer practices; improper employee organization practices; application

    N.Y. Civ. Serv. Law § 209-A   Cited 335 times

    1. Improper employer practices. It shall be an improper practice for a public employer or its agents deliberately (a) to interfere with, restrain or coerce public employees in the exercise of their rights guaranteed in section two hundred two of this article for the purpose of depriving them of such rights; (b) to dominate or interfere with the formation or administration of any employee organization for the purpose of depriving them of such rights; (c) to discriminate against any employee for the

  14. Section 1 - Legislative Powers

    U.S. Const. art. I, § 1   Cited 405 times
    Vesting "[a]ll legislative Powers" in Congress

  15. Section 201 - Definitions

    N.Y. Civ. Serv. Law § 201   Cited 177 times
    Including any "public authority, commission, or public benefit corporation" in definition of "public employer"

  16. Section 14 - Legal adviser

    N.Y. Retire. & Soc. Sec. Law § 14   Cited 21 times
    Containing Retirement and Social Security Law 500 – 520 and creating the tier 3 retirement system

  17. Section 384-D - Optional twenty year retirement plan for certain firefighters and police officers whose employer elects to provide same

    N.Y. Retire. & Soc. Sec. Law § 384-D   Cited 17 times

    a. Any member of the retirement system who is a firefighter, police officer or officer of any organized fire department or organized police force or police department of any county, city, town, village, fire district, police district or participating employer may elect to contribute to the retirement system pursuant to this section within one year after he or she becomes such an officer or member, if his or her employer has previously elected to make the benefits provided herein available to its

  18. Section 470 - Temporary suspension of retirement negotiations

    N.Y. Retire. & Soc. Sec. Law § 470   Cited 10 times

    Changes negotiated between any public employer and public employee, as such terms are defined in section two hundred one of the civil service law, with respect to any benefit provided by or to be provided by a public retirement system, or payments to a fund or insurer to provide an income for retirees or payment to retirees or their beneficiaries, shall be prohibited. N.Y. Retire. and Soc. Sec. Law § 470

  19. Section 22 - Members' contributions and their use; annuity reserve fund

    N.Y. Retire. & Soc. Sec. Law § 22   Cited 6 times

    a. The annuity reserve fund shall be the fund from which shall be paid all annuities and all benefits in lieu of annuities, payable pursuant to this article. b. Upon retirement, a member's accumulated contributions shall be transferred from the annuity savings fund to the annuity reserve fund. They shall then be used to provide an annuity, the amount of which shall be the actuarial equivalent of such accumulated contributions on the basis of regular interest and the tables adopted by the comptroller

  20. Section 384-E - Additional pension benefit for members of optional twenty year retirement plan

    N.Y. Retire. & Soc. Sec. Law § 384-E   Cited 4 times

    a. A participating employer which has elected, or which elects, pursuant to section three hundred thirty or three hundred thirty-one of this article, to provide the benefits of the optional twenty year retirement plan for its employees as specified in section three hundred eighty-four-d of this article may elect, pursuant to section three hundred thirty-three of this article, to make contributions for the purpose of providing an additional pension pursuant to this section for members in its employ