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MATTER OF AUSTIN v. HOWARD

33 N.Y.2d 733 (1973)

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

Court of Appeals of the State of New York.

Decided October 23, 1973.

Attorney(s) appearing for the Case

Lauren D. Rachlin and Michael B. Berger for appellant.

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

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, JONES and WACHTLER. Taking no part: Judge GABRIELLI.

Order reversed, without costs, and the matter remitted to Special Term for further proceedings in accordance with the following memorandum: As stated by the dissenters at the Appellate Division, the findings and recommendations of the "arbitrator" were entitled to consideration by the Commissioner even if not entitled to the weight assigned by the law to an arbitrator's award, and should not have been ignored by the Commissioner as he apparently did when he made his determination...

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