Binghamton Firefighters v. City of Binghamton

Appellate Division of the Supreme Court of New York

Binghamton Firefighters v. City of Binghamton

85 A.D.2d 836, 449 N.Y.S.2d 657, 1981 N.Y. App. Div. LEXIS 16658

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1981

StatusPublished

This text of 85 A.D.2d 836 (Binghamton Firefighters v. City of Binghamton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Binghamton Firefighters v. City of Binghamton, 85 A.D.2d 836, 449 N.Y.S.2d 657, 1981 N.Y. App. Div. LEXIS 16658 (N.Y. Ct. App. 1981).

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Opinion

Appeal from a judgment of the Supreme Court at Special Term (Yesawich, Jr., J.), entered January 20, 1981 in Broome County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, and directed that petitioners be paid holiday pay pursuant to a collective bargaining agreement. The provisions of the collective bargaining agreement at issue herein are not substantially different from those at issue in the recent case of Matter of Chalachan v City of Binghamton (81 AD2d 973), which was decided by this court subsequent to Special Term’s decision. The public policy considerations referred to in the Chalachan case apply equally here where the issue concerned holiday pay. Accordingly, under the familiar provisions of stare decisis, the judgment must be reversed and the petition dismissed. Judgment reversed, on the law, without costs, and petition dismissed. Sweeney, J. P., Main, Casey, Mikoll and Herlihy, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term (Yesawich, Jr., J.), entered January 20, 1981 in Broome County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, and directed that petitioners be paid holiday pay pursuant to a collective bargaining agreement. The provisions of the collective bargaining agreement at issue herein are not substantially different from those at issue in the recent case of Matter of Chalachan v City of Binghamton (81 AD2d 973), which was decided by this court subsequent to Special Term’s decision. The public policy considerations referred to in the Chalachan case apply equally here where the issue concerned holiday pay. Accordingly, under the familiar provisions of stare decisis, the judgment must be reversed and the petition dismissed. Judgment reversed, on the law, without costs, and petition dismissed. Sweeney, J. P., Main, Casey, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

85 A.D.2d 836, 449 N.Y.S.2d 657, 1981 N.Y. App. Div. LEXIS 16658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/binghamton-firefighters-v-city-of-binghamton-nyappdiv-1981.

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