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BUFFALO TEACHERS FEDERATION v. TOBE

No. 04-CV-457S.

852 F.Supp.2d 344 (2012)

BUFFALO TEACHERS FEDERATION, Buffalo Educational Support Team-NEA/NY, Transportation Aides of Buffalo, NEA/NY, Substitutes United/Buffalo-NEA/NY, Buffalo Council of Supervisors and Administrators, Afscme Local 264, Professional, Clerical and Technical Employees' Association and Local 409 International Union of Operating Engineers, Plaintiffs, v. Richard TOBE, Thomas E. Baker, Alair Townsend, H. Carl McCall, John J. Faso, Joel A. Giambra, Mayor Anthony Masiello, Richard A. Stenhouse and Robert G. Wilmers, in their official capacities as directors/members of the Buffalo Fiscal Stability Authority, Defendants.

United States District Court, W.D. New York.

February 10, 2012.

Attorney(s) appearing for the Case

Andrew D. Roth, Robert H. Chanin, Bredhoff & Kaiser, P.L.L.C., Washington, DC, Robert W. Klingensmith, Jr., National Education Association of New York General Counsel Office, Buffalo, NY, for Plaintiffs.

Laura W. Smalley, A. Vincent Buzard, Harris Beach LLP, Pittsford, NY, for Defendants.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Plaintiffs in this action seek relief from this Court's previous adverse judgment concerning the much-litigated Wage Freeze Resolution ("Wage Freeze" or "Freeze") enacted by the Buffalo Fiscal Stability Authority ("BFSA").

On July 3, 2003, the New York State Legislature, through the Buffalo Fiscal Stability Authority Act ("Act"), created the Control Board to stabilize and...

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