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MANDELKERN v. CITY OF BUFFALO

64 A.D.2d 279 (1978)

Harvey Mandelkern et al., Respondents, v. City of Buffalo et al., Appellants

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

November 3, 1978

Attorney(s) appearing for the Case

Joseph P. McNamara, Corporation Counsel (James P. Caher of counsel), for appellants.

Rachlin & Rachlin (Michael B. Berger and William H. Berger of counsel), for respondents.

MARSH, P. J., MOULE, CARDAMONE and SCHNEPP, JJ., concur.

SIMONS, J.

Plaintiffs are attorneys employed in the office of the defendant Corporation Counsel. They presently reside in the City of Buffalo but wish to live elsewhere. The city maintains that they may not do so and keep their jobs because section 4 of chapter 1 of the Ordinances of the City of Buffalo provides that an employee who fails to reside in the city shall forfeit his employment. Special Term held that...

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