At a Special Term, Part I of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse thereof, 60 Centre Street, New York New York on the day of June, 1983. P R E S E N T : HONORABLE ROBERT E. WHITE, Justice. --------------------------------------- x In the Matter of the Application of JOHN J. BARRY, as President of the CAPTAINS' ENDOWMENT ASSOCIATION OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK, Petitioner, For a Judgment pursuant to Article 78 of the CPLR, ORDER/JUDGEMENT -against-Index No. 7090/83 THE CITY OF NEW YORK, OFFICE OF COLLECTIVE BARGAINING - BOARD OF CERTIFICATION, Respondent. --------------------------------------- x Petitioner Captain's Endowment Association having commenced this proceeding pursuant to Article 78 of the Civil Practice Law and Rules ("C.P.L.R.") to review an interim decision of the respondent Board of Certification, office of Collective Bargaining which denied petitioner's motion to dismiss respondent the City of New York's application for a designation of manageriality of certain titles held by members of the Captains' Endowment Association;
2 respondents the office of Collective Bargaining and the City of New York having cross-moved to dismiss the petition as a matter of law; NOW, upon reading and filing the notice of petition dated February 9, 1983; the petition verified on February 9, 1983; the reply affidavit of John P. Schofield, sworn to on April 21, 1983; respondent Office of Collective Bargaining's notice of motion to dismiss the petition dated March 15, 1983; the affidavit of Arvid Anderson in support of respondent Office of Collective Bargaining's motion to dismiss the petition, sworn to on March 15, 1983; respondent the City of New York's notice of cross-motion to dismiss the petition dated March 18, 1983; the affirmation of Adam D. Goodfarb in support of respondent the City of New York's cross-motion to dismiss the petition, dated March 18, 1983; the decision of the Court, by the Honorable ROBERT E. WHITE, dated May 9, 1983; petitioner having appeared by his attorney JOHN P. SCHOFIELD; respondent Office of Collective Bargaining having appeared by its attorney MALCOLM D. MacDONALD (Miriam M. Lipton, Esq., of Counsel); and respondent the City of New York having appeared by its attorney FREDERICK A. 0. SCHWARZ, JR., (Adam D. Goodfarb, Esq., of Counsel); and upon all the papers and proceedings had herein; ORDERED, ADJUDGED AND DECREED that the motion of respondent office of Collective Bargaining to dismiss the petition is granted; ORDERED, ADJUDGED AND DECREED that respondent the City of New York's cross-motion to dismiss the petition is granted;
3 ORDERED, ADJUDGED AND DECREED that petitioner's application pursuant to Article 78 of the C.P.L.R. is denied and the petition is dismissed without prejudice to renewal upon completion of respondent Office of Collective Bargaining's hearing and determination of the City of New York's application for a designation of manageriality of certain titles held by members of the Captains' Endowment Association. E N T E R : J. S. C.
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