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BALDINE v. GOMULKA

61 A.D.2d 419 (1978)

Anthony Baldine et al., Appellants, v. John P. Gomulka, as Mayor of The City of Amsterdam, et al., Respondents

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

March 2, 1978

Attorney(s) appearing for the Case

Grasso & Grasso (Harvey B. Diamond of counsel), for appellants.

Joseph Jacobs, Corporation Counsel, for respondents.

Lombardi, Reinhard & Walsh, P. C. (Richard P. Walsh, Jr., and James Paul Clough of counsel), for New York State Professional Fire Fighters Association, Inc., amicus curiae.

KANE, STALEY, JR., LARKIN and HERLIHY, JJ., concur.

SWEENEY, J. P.

Plaintiffs are firefighters who were employed by the Fire Department of the City of Amsterdam during the calendar year 1974. Defendants are the officers of the city responsible for the operation of the department. There is no factual dispute. The parties have stipulated that the sole question for decision is the proper interpretation of section 2 of chapter 1011 of the Laws of 1968, as amended...

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