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MTR. OF AUSTIN v. HOWARD

39 A.D.2d 76 (1972)

In the Matter of Robert G. Austin, Jr., Petitioner, v. Robert B. Howard, Jr., as Fire Commissioner of the City of Buffalo, Respondent

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

May 18, 1972.

Attorney(s) appearing for the Case

Rachlin & Rachlin (Lauren D. Rachlin of counsel), for petitioner.

Anthony Manguso, Corporation Counsel (Anthony Gregory of counsel), for respondent.

WITMER and HENRY, JJ., concur with MARSH, J. P.; GABRIELLI and CARDAMONE, JJ., dissent and vote to annul the determination of the Commissioner and reinstate the findings and recommendations of the arbitrator in a memorandum.

MARSH, J. P.

Charges were laid by a Battalion Chief against petitioner, a Buffalo city fireman, specifying that the accused failed to obey an order from his superior officer to discontinue wearing tan boots in violation of a rule requiring the wearing of black shoes while on duty; that the accused was ordered to appear before the Fire Commissioner in full uniform but appeared in tan boots and that the accused...

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