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CARNER v. CITY OF BUFFALO

33 A.D.2d 1098 (1970)

Frederick C. Carner et al., on Behalf of Themselves and All Other Professional Fire Fighters Similarly Situated and Employed by The City of Buffalo, Respondents, v. City of Buffalo, Appellant

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

February 12, 1970

Order unanimously modified by deleting all decretal paragraphs except the first paragraph denying defendant's motion to dismiss the complaint, and as so modified affirmed, without costs.

Memorandum:

On this appeal from an order denying the motion of the defendant City of Buffalo to dismiss the complaint and granting on the same motion the affirmative relief to plaintiffs sought in the complaint the court treated the proceeding as an article 78 proceeding in...

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