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KLONOWSKI v. DEP'T OF FIRE OF CITY OF AUBURN

86 A.D.2d 744 (1982)

Joseph R. Klonowski, Appellant, v. Department of Fire of City of Auburn et al., Respondents

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

January 22, 1982

Judgment unanimously affirmed, without costs.

Memorandum:

In order for petitioner to prevail in this CPLR article 78 proceeding in the nature of mandamus, his right to the benefits sought "`must be so clear as not to admit of reasonable doubt or controversy'" (Matter of Association of Surrogates & Supreme Ct. Reporters within City of N. Y. v Bartlett, 40 N.Y.2d 571, 574). Respondents' affidavit alleged that petitioner...

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