In re Town of Greenburgh
Cases that cite this one
21 later published cases cite this decision.
- Benevolent Assn v. Perb (N.Y. 2006)
- Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations Board (N.Y. 2006)
- Murray v. Town of N. Castle (Appellate Division of the Supreme Court of New York 2022)
- Town of Harrison Police Benevolent Ass'n v. Town of Harrison Police Department (Appellate Division of the Supreme Court of New York 2010)
- Questrom v. Federated Department Stores, Inc. (District Court, S.D. New York 2000)
- Park v. DeJonge (New York Supreme Court, Kings County 2024)
- Park v. DeJonge (New York Supreme Court, Kings County 2024)
- The Matter of Rochester Police Locust Club v. City of Rochester (N.Y. 2023)
- Park v. Kapica (Appellate Division of the Supreme Court of New York 2006)
- Gizzo v. Town of Mamaroneck (Appellate Division of the Supreme Court of New York 2006)
- Town of Orangetown v. Orangetown Policemen's Benevolent Ass'n (Appellate Division of the Supreme Court of New York 2005)
- Schlesinger v. Schlesinger (Appellate Division of the Supreme Court of New York 2005)
- Patrolmen's Benevolent Ass'n of the City of New York, Inc. v. New York State Public Employment Relations Board (Appellate Division of the Supreme Court of New York 2004)
- City of Mount Vernon v. Cuevas (Appellate Division of the Supreme Court of New York 2001)
- Ungar v. Matarazzo Blumberg & Associates, P. C. (Appellate Division of the Supreme Court of New York 1999)
- Steinmann v. Village of Spring Valley (Appellate Division of the Supreme Court of New York 1999)
- Burbridge v. Miele (Appellate Division of the Supreme Court of New York 1995)
- Smith v. Village of Pawling (Appellate Division of the Supreme Court of New York 1995)
- Nieves v. Haera (Appellate Division of the Supreme Court of New York 1991)
- Rockland County Patrolmen's Benevolent Ass'n v. Town of Clarkstown (Appellate Division of the Supreme Court of New York 1989)
- Town of Mamaroneck PBA, Inc. v. New York State Public Employment Relations Board (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In a proceeding pursuant to CPLR article 75 to vacate so much of an award of a public arbitration panel as, after a hearing (1) permitted police officers in the Town of Greenburgh faced with disciplinary charges to choose either binding arbitration or a hearing before the town board, and (2) prohibited the Town of Greenburgh from suspending an officer without pay for a period in excess of 30 days while charges are pending, the Police Association of the Town of Green-burgh appeals from a judgment of the Supreme Court, Westchester County (Cerrato, J.), dated July 21, 1982, which granted the application. Judgment affirmed, without costs or disbursements. Upon reaching an impasse in negotiating a new contract, the Town of Greenburgh and the police association representing its police officers submitted their disagreement to binding compulsory arbitration before a public arbitration panel (Civil Service Law, § 209, subd 4). After conducting a hearing, the panel rendered an award which, inter alia, granted the police association’s demands that police officers faced with disciplinary charges be granted the option of having the charges determined by the town board or by an arbitrator appointed by the American Arbitration Association, and that police officers not be suspended without pay in excess of 30 days during the pendency of the charges against them. The town then moved to vacate the disciplinary portions of the award on the ground that the panel exceeded its authority because the Westchester County Police Act prevented collective bargaining on those issues. Special Term agreed with the town and granted its application. We affirm. On the merits of the vacatur application, it is clear that the panel acted in excess of its power because it is the Westchester County Police Act which governs discipline Óf members of town police departments in Westchester County. Under the Taylor Law (Civil Service Law, art 14) discipline is a permissible subject of negotiation between public employers and employee associations because it is a term or condition of employment and subdivision 4 of section 76 of the Civil Service Law permits collective bargaining modification of the statutory procedures governing discipline (Matter of Auburn Police Local 195 v Helsby, 62 AD2d 12, affd 46 NY2d 1034). The Taylor Law does not apply, however, to disciplinary procedures involving members of town police departments in Westchester County because of the provisions of the Westchester County Police Act. Subdivision 4 of section 76 of the Civil Service Law, permitting collective bargaining as to disciplinary procedures, expressly provides that sections 75 and 76 are not to be construed to repeal or modify any general, special or local law relating to the removal or suspension of employees (see Matter of Scornavacca v Leary, 38 NY2d 583; Matter ofCugell v Monaghan, 201 Mise 607; see, also, Baker v Cawley, 459 F Supp 1301, affd 607 F2d 994) and the Westchester County Police Act is such a special act. The Westchester County Police Act provides that disciplinary matters involving members of town police departments must be heard by the town board or the board of police commissioners and that the obligation to conduct such hearings cannot be delegated. The special statute also gives the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.