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MATTER OF DAVIS v. MAINE

79 A.D.2d 849 (1980)

In the Matter of Terry A. Davis, Individually and as President of The Carthage Police Benevolent Association of Carthage, Appellant, v. Leon F. Maine, as President of The Trustees of the Village of Carthage, et al., Respondents

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

December 12, 1980

Order unanimously reversed, without costs, and petition granted.

Memorandum:

Petitioner, a police officer with the Village of Carthage, appeals from the dismissal of his petition for a writ of mandamus pursuant to CPLR 7801 directing respondents to make salary payments to him in accordance with the terms of the contract between respondents and the Carthage Police Benevolent Association. Petitioner urges, inter alia, that Special Term erred in construing...

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