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POLLINI v. FULLER RD. FIRE DEP'T

34 N.Y.2d 744 (1974)

Mario Pollini, Appellant, v. Fuller Road Fire Department et al., Respondents.

Court of Appeals of the State of New York.

Decided May 9, 1974.

Attorney(s) appearing for the Case

Zola A. Aronson for appellant.

E. Richard Rimmels, Jr. and Frederic H. Montfort for Hicksville Fire Department and Hicksville Fire District, respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.

MEMORANDUM.

We agree with the Appellate Division that plaintiff is limited to his statutory remedy. The Hicksville Fire District can be considered a person or agency within the intendment of subdivision (3) of section 19 of the Volunteer Firemen's Benefit Law. We do not find, however, as that court did, any inconsistency in this result with that reached by the Appellate Division, Third Department, in Giuliano v. Town of...

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