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MATTER OF PORTANOVA v. SCHER

75 Misc.2d 570 (1973)

In the Matter of Alfred Portanova, Individually and as President of the Police Benevolent Association of the City of Yonkers, New York, Inc., et al., Petitioners, v. Seymour Scher, as City Manager of the City of Yonkers, et al., Respondents.

Supreme Court, Westchester County.

October 5, 1973

Attorney(s) appearing for the Case

Frederick J. Adler for petitioners. Eugene Fox, Corporation Counsel, for respondents.

MORRIE SLIFKIN, J.

This matter has been referred to this court for disposition by Mr. Justice ANTHONY J. CERRATO. Although couched in the format of a special proceeding, petitioner seeks a summary adjudication on a matter of law properly cognizable in an action for declaratory judgment. Accordingly, it will be so treated pursuant to CPLR 103 (subd. [c]) since the court has jurisdiction over the necessary parties.

By resolution adopted June 12...

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