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BREHENY v. ROCHE

81 A.D.2d 772 (1981)

Thomas Breheny et al., Appellants, v. Thomas F. Roche et al., Respondents, and Committee of Concerned Fire Lieutenants, Respondent

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

May 12, 1981

Certain observations in addition are necessitated by what is said by our dissenting brother who, in effect conceding the applicability hereto of "Matter of Lee v Roche, (78 A.D.2d 288)", regards the issue here as "one of essential fairness." Petitioners-appellants disposed procedurally of the question of propriety of the challenged answers by entering into a stipulation, freely and voluntarily, to refer that issue to a test validation...

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