MATTER OF CITY OF UTICA


91 N.Y.2d 964 (1998)

In the Matter of the Arbitration between City of Utica, Appellant, and Anthony Zumpano, as President of Utica Professional Firefighters Association, Local 32, International Association of Firefighters, AFL-CIO-GLC, Respondent.

Court of Appeals of the State of New York.

Decided April 30, 1998.


Attorney(s) appearing for the Case

Roemer Wallens & Mineaux, L. L. P., Albany (James W. Roemer, Jr., and Michael A. Greco of counsel), for appellant.

Lombardi, Reinhard, Walsh & Harrison, P. C., Albany (Richard P. Walsh, Jr., and Paul E. Davenport of counsel), for respondent.

Donna M. C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner City of Utica argues that, as applied to the facts of this case, Civil Service Law § 209-a (1) (e) violates the home rule provisions of the State Constitution (NY Const, art IX, § 2) by depriving the City of control over the staffing of its fire department. We disagree.

Under article IX, § 2 of the State...

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