MTR. OF DOUGHERTY v. MAKOWSKI


49 A.D.2d 424 (1975)

In the Matter of Peter G. Dougherty, on Behalf of Himself and All Others Similarly Situated, Respondents, v. Stanley M. Makowski, as Mayor of The City of Buffalo, et al., Appellants

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

December 5, 1975


Attorney(s) appearing for the Case

Leslie G. Foschio, Corporation Counsel (James McLaughlin of counsel), for appellants.

Sargent & Lippes (Nicholas J. Sargent of counsel), for respondents.

MARSH, P. J., GOLDMAN, DEL VECCHIO and WITMER, JJ., concur.


MOULE, J.

The principal question presented on this appeal is whether the elimination of 52 patrolman positions, recommended by respondents as part of an over-all budgetary work force reduction, was a legitimate "good faith" abolition of these positions and, as such, was not a deliberate circumvention of a prior judgment entered at Special Term and affirmed by this court.

Petitioner is a Buffalo police...

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