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Matter of Caruso v. MacDonald

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1991
169 A.D.2d 644 (N.Y. App. Div. 1991)

Opinion

January 29, 1991

Appeal from the Supreme Court, New York County (William McCooe, J.).


Due to a scheduling conflict, a number of Patrolmen's Benevolent Association (PBA) members who had intended to take a promotional examination at 8:30 A.M. were required to take it at 10:30 A.M., allegedly losing two hours of swing time between shifts. On behalf of these officers, the PBA seeks to arbitrate a grievance for overtime, which may be obtained pursuant to the collective bargaining agreement only where work is ordered or authorized by the Police Department. Because there is a rational basis for the Collective Bargaining Board's conclusion that the two hours spent sitting for the examination were not ordered and/or authorized by the Police Department, and because it is appropriate to defer to the expertise of the Collective Bargaining Board, petitioners' article 78 proceeding was properly dismissed. (Matter of Caruso v Anderson, 138 Misc.2d 719, 720, affd 145 A.D.2d 1004, lv denied 73 N.Y.2d 709.)

Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.


Summaries of

Matter of Caruso v. MacDonald

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1991
169 A.D.2d 644 (N.Y. App. Div. 1991)
Case details for

Matter of Caruso v. MacDonald

Case Details

Full title:In the Matter of PHIL CARUSO, as President of the Patrolmen's Benevolent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 29, 1991

Citations

169 A.D.2d 644 (N.Y. App. Div. 1991)
564 N.Y.S.2d 776