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MATTER OF BARONE v. CITY OF DUNKIRK

45 N.Y.2d 876 (1978)

In the Matter of Louis R. Barone, Appellant, v. City of Dunkirk et al., Respondents.

Court of Appeals of the State of New York.

Decided October 24, 1978.

Attorney(s) appearing for the Case

Anthony J. De Marie for appellant.

Daniel R. Polowy for respondents.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, with costs, on the memorandum at the Appellate Division (57 A.D.2d 1040; see, also, Matter of Antonucci v Port Chester-Rye Union Free School Dist., 42 N.Y.2d 878; but cf. Matter of Harris v Mechanicville Cent. School Dist., 45 N.Y.2d 279

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