MATTER OF BURKE v. BOWEN


49 A.D.2d 904 (1975)

In the Matter of John Burke et al., Appellants, v. Richard J. Bowen, as City Manager of The City of Long Beach, et al., Respondents

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

October 14, 1975


Judgment affirmed, without costs.

Respondents did not act in excess of their jurisdiction in terminating the employment of the 13 firemen. The Long Beach City Council is the legislative branch of government in the City of Long Beach and clearly has authority to decide how many firemen shall be "necessary for the conduct of the Fire Department" (Code of Ordinances of the City of Long Beach, § 11-51; Charter of the City of Long Beach, §§ 65, 70). Appellants...

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