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Uniformed Firefighters Association of Greater New York, Local 94 v. City of New York

Supreme Court of New York, First Department

May 23, 2013

Uniformed Firefighters Association of Greater New York, Local 94, etc., Petitioner-Appellant,
v.
The City of New York, et al., Respondents-Respondents.

Certilman Balin Adler & Hyman, LLP, East Meadow (Paul S. Linzer of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Tahirih Sadrieh of counsel), for The City of New York and The New York City Fire Department, respondents.

John F. Wirenius, New York, for New York City Board of Collective Bargaining, respondent.

Mazzarelli, J.P., Andrias, Saxe, Manzanet-Daniels, Gische, JJ.

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered February 17, 2012, denying the petition to annul a determination of respondent New York City Board of Collective Bargaining (BCB), dated January 5, 2011, which denied petitioner's improper practice petition, and granting the BCB's cross motion to dismiss the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

BCB's determination was neither arbitrary and capricious, contrary to law, nor an abuse of discretion (see CPLR 7803[3]; Matter of New York City Dept. of Sanitation v MacDonald, 87 N.Y.2d 650, 656 [1996]). Respondent New York City Fire Department's decision to alter the job requirements for the position of fire company chauffeur was within the sound exercise of its managerial discretion (see Administrative Code of City of NY § 12-307[b]; Matter of Caruso v Anderson, 138 Misc.2d 719 [Sup Ct, NY County 1987], affd 145 A.D.2d 1004 [1st Dept 1988], lv denied 73 N.Y.2d 709 [1989]).

We have considered petitioner's remaining arguments and find them unavailing.


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