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MATTER OF McCORMACK v. LOWERY

48 A.D.2d 640 (1975)

In the Matter of David M. McCormack, Individually and as President of The Uniformed Fire Officers Association, Local 854, International Association of Fire Fighters, AFL-CIO, et al., Respondents, v. Robert O. Lowery, Individually and as Fire Commissioner of The City of New York, Appellant

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

May 22, 1975

Judgment, Supreme Court, New York County, entered on August 7, 1973, affirmed on the opinion of Helman, J., at Special Term, without costs and without disbursements.

Nunez, J., dissents in the following memorandum:

I would reverse and dismiss the petition. In my view the legislative requirement of a two-platoon system of 9-and 15-hour shifts will be preserved under the Fire Commissioner's proposed concurrent tour system. They will continue to...

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