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CITY v. YONKERS FIRE FIGHTERS

No. 48.

20 N.Y.3d 651 (2013)

988 N.E.2d 481

965 N.Y.S.2d 746

2013 NY Slip Op 2162

In the Matter of CITY OF YONKERS, Respondent, v. YONKERS FIRE FIGHTERS, LOCAL 628, IAFF, AFL-CIO, Appellant.

Court of Appeals of New York.

Decided April 2, 2013.

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, PC., New York City ( Richard S. Corenthal , and Joni H. Kletter , of counsel), for appellant.

Bond, Schoeneck & King, PLLC, Garden City ( Terence M. O'Neil and Christopher T. Kurtz of counsel), for respondent.

Hinman Straub, PC., Albany ( Joseph M. Dougherty of counsel), for New York State Professional Firefighters Association, I.A.EE, AFL-CIO, amicus curiae.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents and votes to reverse in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

PIGOTT, J.

At issue in this case is the meaning of the words "in effect" as contained in Laws of 2009, chapter 504 (part A, § 8), specifically whether expired collective bargaining agreements are "in effect" for purposes of that statute because of the so-called Triborough Law.

Petitioner, the City of Yonkers, and respondent, Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, entered...

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