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  5. 32 A.D.2d 317 (1969)
 

MTR. OF KROLICK v. LOWERY

32 A.D.2d 317 (1969)

In the Matter of William Krolick, Petitioner, v. Robert O. Lowery, as Fire Commissioner of The Fire Department of the City of New York, et al., Respondents In the Matter of Fred E. Vyse, Petitioner, v. Robert O. Lowery, as Fire Commissioner of The Fire Department of the City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 26, 1969.

Attorney(s) appearing for the Case

Jay Leo Rothschild of counsel (Edward M. Edenbaum, attorney), for petitioners.

Edmund B. Hennefeld of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for respondents.

TILZER and STEUER, JJ., concur with STEVENS, P. J.; EAGER, J., dissents in opinion; McGIVERN, J., dissents in part in dissenting opinion and votes to annul the determination with respect to petitioner William Krolick.

STEVENS, P. J.

These are article 78 proceedings brought separately by each petitioner to annul a determination of respondent Commissioner in which each was subjected to a fine and, in one instance, a two-day forfeiture. While factually dissimilar, common questions of law are posed. Inherent in the issues is the underlying question whether a directive by the Uniformed Firemen's Association (UFA) to its members...

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