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WHARRAM v. CITY OF UTICA

106 Misc.2d 204 (1979)

Walter J. Wharram, Jr., et al., Petitioners, v. City of Utica et al., Respondents.

Supreme Court, Oneida County.

June 22, 1979

Attorney(s) appearing for the Case

Rossi, Cohen, P. C., for petitioners. Lawrence George, Corporation Counsel, for respondents.

JOHN R. TENNEY, J.

Petitioners, as owners of Commercial Collision, have brought a CPLR article 78 proceeding for a determination that the city safety commissioner has improperly removed Commercial Collision from the tow truck rotation list. In the alternative, petitioners have requested that the commissioner cease using such a list.

The rotation list is used by Utica City Police to establish the order of calling tow trucks to the scene of automobile...

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