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City of Schenectady, Appellant, v. New York State Public Employment Relations Board et al., Respondents.

OPINION BY JUDGE WILSON:

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OPINION BY JUDGE WILSON:

The City of Schenectady brought this CPLR article 78 proceeding to review a determination of the New York State Public Employment Relations Board (PERB). PERB determined that the City committed an improper employer practice by enacting General Order 0-43, which adopted new police disciplinary procedures different from those contained in the parties’ expired collective bargaining agreement. Supreme Court confirmed the determination and dismissed the City’s petition, concluding that article 14 of the Civil Service Law (hereinafter the Taylor Law) superseded the provisions of the Second Class Cities Law regarding police discipline. The Appellate Division affirmed (136 AD3d 1086 [3d Dept 2016]). This case is controlled by our prior decisions in Matter of Patrolmen’s Benevolent Assn. of City of N.Y., Inc. v. New York State Pub. Empl. Relations Bd. (6 NY3d 563 [2006]) and Matter of Town of Wallkill v. Civil Servs. Empls. Assn., Inc. (19 NY3d 1066 [2012]), which held that the statutory grants of local control over police discipline in New York City and Wallkill — substantively similar to the statutory provisions relevant here — rendered discipline a prohibited subject for collective bargaining.

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