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At a Special Term of this Court held in and for the
County of Chautauqua at Mayville, New York on
the 18th day of March, 2019.
PRESENT: HON. JAMES H. DILLON
Supreme Court Justice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
--------------------------------------------------------------X
In the Matter of the Application of the
CITY OF JAMESTOWN,
Petitioner,
v. ORDER AND JUDGMENT
KENDALL CLUB POLICE Index No. EK1-2019-000047
BENEVOLENT ASSOCIATION, INC.,
Respondent,
For a Judgment Pursuant to Article 75 of the
Civil Practice Law and Rules.
--------------------------------------------------------------X
Upon reading and filing of the Notice of Petition, Petition to Vacate Interest Arbitration
Award, and Memorandum of Law, all dated January 11, 2019, filed by Petitioner City of
Jamestown; and upon reading and filing of the Verified Answer with Affirmative Defenses and
Objections in Point of Law to Petition to Vacate Interest Arbitration Award dated February 7,
2019; the Notice of Cross-Motion dated February 7, 2019; the Verified Cross-Motion to Confirm
Arbitration Award dated February 7, 2019; the Affidavit of Jason Donato, President of the
Kendall Club Police Benevolent Association, Inc. sworn to February 7, 2019; the Affidavit of
Charles S. DeAngelo, Esq. sworn to February 8, 2019; and the Memorandum of Law dated
February 7, 2019, all filed by Respondent Kendall Club Police Benevolent Association, Inc.; and
upon reading and filing the Notice of Motion for Leave to File a Brief Amicus Curiae,
Affirmation in Support of Motion for Leave to File a Brief Amicus Curiae, and Brief of the New
York State Conference of Mayors and Municipal Officials as Amicus Curiae, dated February 19,
2019 and filed by the New York State Conference of Mayors and Municipal Officials on
February 20, 2019; and upon reading and filing of the Attorney Affidavit in Response and in
Opposition dated and filed by Respondent Kendall Club Police Benevolent Association, Inc. on
February 25, 2019; and upon reading and filing the Answer to Cross-Motion and Reply
Memorandum of Law, both dated and filed by Petitioner City of Jamestown on March 8, 2019;
and the matter having come on to be heard before this Court on the 18th day of March, 2019, and
Bond Schoeneck & King, PLLC, Terry M. O’Neil, Esq. of counsel, having appeared for
Petitioner City of Jamestown; and Fessenden Laumer & DeAngelo, PLLC, Charles S. DeAngelo,
Esq. of counsel, having appeared for Respondent Kendall Club Police Benevolent Association,
Inc., and arguments having been had on the Petition and Cross-Motion, and upon due
deliberation and recitation of the Court’s decision from the bench (transcript attached hereto and
incorporated herein);
NOW, on Petition of Terry M. O’Neil, Esq., attorney for Petitioner City of Jamestown,
and Charles S. DeAngelo, Esq., attorney for Respondent Kendall Club Police Benevolent
Association, Inc., it is hereby
ORDERED, ADJUDGED, AND DECREED that the Petition of the City of Jamestown
seeking to Vacate the Interest Arbitration Award is hereby granted; and it is further
ORDERED, ADJUDGED, AND DECREED that the Cross-Motion to Confirm the
Arbitration Award of the Kendall Club Police Benevolent Association, Inc. is hereby denied; and
it is further
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ORDERED, ADJUDGED, AND DECREED that the Clerk of the Court shall enter
judgment accordingly.
Signed this ____ day of March, 2019 at Mayville, New York.
ENTER:
___________________________
Hon. James H. Dillon,
Supreme Court Justice
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Preview
At a Special Term of this Court held in and for the County of Chautauqua at Mayville, New York on the 18th day of March, 2019. PRESENT: HON. JAMES H. DILLON Supreme Court Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA --------------------------------------------------------------X In the Matter of the Application of the CITY OF JAMESTOWN, Petitioner, v. ORDER AND JUDGMENT KENDALL CLUB POLICE Index No. EK1-2019-000047 BENEVOLENT ASSOCIATION, INC., Respondent, For a Judgment Pursuant to Article 75 of the Civil Practice Law and Rules. --------------------------------------------------------------X Upon reading and filing of the Notice of Petition, Petition to Vacate Interest Arbitration Award, and Memorandum of Law, all dated January 11, 2019, filed by Petitioner City of Jamestown; and upon reading and filing of the Verified Answer with Affirmative Defenses and Objections in Point of Law to Petition to Vacate Interest Arbitration Award dated February 7, 2019; the Notice of Cross-Motion dated February 7, 2019; the Verified Cross-Motion to Confirm Arbitration Award dated February 7, 2019; the Affidavit of Jason Donato, President of the Kendall Club Police Benevolent Association, Inc. sworn to February 7, 2019; the Affidavit of Charles S. DeAngelo, Esq. sworn to February 8, 2019; and the Memorandum of Law dated February 7, 2019, all filed by Respondent Kendall Club Police Benevolent Association, Inc.; and upon reading and filing the Notice of Motion for Leave to File a Brief Amicus Curiae, Affirmation in Support of Motion for Leave to File a Brief Amicus Curiae, and Brief of the New York State Conference of Mayors and Municipal Officials as Amicus Curiae, dated February 19, 2019 and filed by the New York State Conference of Mayors and Municipal Officials on February 20, 2019; and upon reading and filing of the Attorney Affidavit in Response and in Opposition dated and filed by Respondent Kendall Club Police Benevolent Association, Inc. on February 25, 2019; and upon reading and filing the Answer to Cross-Motion and Reply Memorandum of Law, both dated and filed by Petitioner City of Jamestown on March 8, 2019; and the matter having come on to be heard before this Court on the 18th day of March, 2019, and Bond Schoeneck & King, PLLC, Terry M. O’Neil, Esq. of counsel, having appeared for Petitioner City of Jamestown; and Fessenden Laumer & DeAngelo, PLLC, Charles S. DeAngelo, Esq. of counsel, having appeared for Respondent Kendall Club Police Benevolent Association, Inc., and arguments having been had on the Petition and Cross-Motion, and upon due deliberation and recitation of the Court’s decision from the bench (transcript attached hereto and incorporated herein); NOW, on Petition of Terry M. O’Neil, Esq., attorney for Petitioner City of Jamestown, and Charles S. DeAngelo, Esq., attorney for Respondent Kendall Club Police Benevolent Association, Inc., it is hereby ORDERED, ADJUDGED, AND DECREED that the Petition of the City of Jamestown seeking to Vacate the Interest Arbitration Award is hereby granted; and it is further ORDERED, ADJUDGED, AND DECREED that the Cross-Motion to Confirm the Arbitration Award of the Kendall Club Police Benevolent Association, Inc. is hereby denied; and it is further 2 ORDERED, ADJUDGED, AND DECREED that the Clerk of the Court shall enter judgment accordingly. Signed this ____ day of March, 2019 at Mayville, New York. ENTER: ___________________________ Hon. James H. Dillon, Supreme Court Justice 3