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ROCHESTER v. CHIARELLA

121 Misc.2d 595 (1983)

City of Rochester, Plaintiff, v. Angelo Chiarella et al., Individually and on Behalf of All Others Similarly Situated, Defendants.

Supreme Court, Monroe County.

October 27, 1983

Attorney(s) appearing for the Case

David J. Angelone for subclass A-1. Louis N. Kash, Corporation Counsel, for plaintiff. Harter, Secrest & Emery (Kenneth A. Payment of counsel), for subclass A-2. Harris, Beach, Wilcox, Rubin & Levey (Edward J. Fox of counsel), for subclass D. Johnson, Mullan, Brundage & Keigher, P. C. (Byron Johnson of counsel), for subclass B. Levy, Feldman & Licata, P. C. (Robert A. Feldman of counsel), for subclass C.

ROBERT A. CONTIGUGLIA, J.

Since October 9, 1981, Stephen J. and Charlene Sercu have served in this class action as the subclass representatives for all those protestors who oppose the granting of any relief to the nonprotestors herein. By my decision of May 6, 1983 and order of May 17, 1983, the Sercus' subclass is now designated subclass A-1.

Mr. and Mrs. Sercu have made a motion "pursuant to CPLR 3211 (b) and 3212" purportedly seeking...

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