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WINKLER v. SPINNATO

134 A.D.2d 66 (1987)

Ernest Winkler et al., Appellants, v. Joseph E. Spinnato, as Fire Commissioner of The City of New York, et al., Respondents, and State of New York, Intervenor-Respondent

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

December 28, 1987

Attorney(s) appearing for the Case

Giaimo, Vreeburg & Rosen (Joseph O. Giaimo of counsel), for appellants.

Peter L. Zimroth, Corporation Counsel (Pamela Seidor Dolgow and Ronnie Dane of counsel), for respondents.

Robert Abrams, Attorney-General (Christopher Hall, Richard G. Liskov and Hugh B. Weinberg of counsel), for intervenor-respondent.

BROWN, NIEHOFF and KOOPER, JJ., concur.

BRACKEN, J. P.

On this appeal, we determine that the State of New York, in enforcing its traditional policy of requiring certain employees of local governments to reside within or near the political unit in which they serve, may draw a distinction between those public employees who have violated local residency requirements by living outside the State, and those public...

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