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COHOES FIREFIGHTERS v. CUEVAS

276 A.D.2d 184 (2000)

714 N.Y.S.2d 802

In the Matter of UNIFORM FIREFIGHTERS OF COHOES, LOCAL 2562, IAFF, AFL-CIO, Appellant, v. MICHAEL R. CUEVAS, as Chairman of the New York State Public Employment Relations Board, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 26, 2000.

Attorney(s) appearing for the Case

Lombardi, Reinhard, Walsh & Harrison, P. C., Albany (Richard P. Walsh, Jr., of counsel), for appellant.

David P. Quinn, Public Employment Relations Board, Albany, for respondents.

Bohl, Della Rocca & Dorfman, P. C., Albany (James B. Tuttle of counsel), for Police Conference of New York, Inc., amicus curiae.

MERCURE, J.P., PETERS, SPAIN and CARPINELLO, JJ., concur.

OPINION OF THE COURT

GRAFFEO, J.

Before us for review in this challenge to a determination of the Public Employment Relations Board (hereinafter PERB) are two holdings in which PERB has departed from its prior precedent and redefined what may constitute a mandatory subject of negotiation upon the expiration of a collective bargaining agreement between police officers and firefighters and their municipal employers.

Petitioner, the bargaining representative...

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