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MATTER OF BUFFALO POLICE BENEVOLENT ASSOCIATION v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD

286 A.D.2d 993 (2001)

730 N.Y.S.2d 820

In the Matter of BUFFALO POLICE BENEVOLENT ASSOCIATION, Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, MICHAEL R. CUEVAS, as Chairman, Respondent.

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

Decided September 28, 2001.

Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Petitioner contends that the determination that it breached its duty of fair representation (see, Civil Service Law § 209-a [2] [c]) is not supported by substantial evidence (see, CPLR 7803 [4]). With respect to the determination that petitioner breached that duty by...

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