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MATTER OF BIRMINGHAM v. MIRRINGTON

205 Misc. 28 (1953)

In the Matter of Frank M. Birmingham, Petitioner, v. Ernest W. Mirrington, Jr., et al., as Members of The City Council of the City of Niagara Falls, et al., Respondents.

Supreme Court, Niagara County.

December 31, 1953.

Attorney(s) appearing for the Case

A. Russell Leone for petitioner.

Clarence W. Greenwald, Corporation Counsel (Ralph A. Boniello of counsel), for respondents.

SAMUEL J. HARRIS, Official Referee.

This proceeding was referred to me, as an Official Referee, to hear and determine.

The petitioner herein seeks the determination of this court as to whether or not he is entitled to receive his full salary from the City of Niagara Falls, New York. He was appointed a fireman in the employ of the City of Niagara Falls, New York, on January 1, 1927, and while acting as...

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