PRICE v. BD. OF TRS.


139 Misc.2d 535 (1988)

Robert Price, Petitioner, v. Board of Trustees of the Village of Stamford et al., Respondents.

Supreme Court, Delaware County.

April 13, 1988


Attorney(s) appearing for the Case

Feury, Gozigian & Washburn for petitioner. Govern, McDowell & Becker for respondents.


CARL J. MUGGLIN, J.

The issue to be resolved in this CPLR article 78 proceeding in the nature of prohibition is whether exclusive jurisdiction for the suspension and removal of village volunteer firemen is vested in the council of the village fire department or whether such power is to be exercised by such council coextensively with the Village Board of Trustees. For the reasons which follow, the court is of the opinion, based on the statutory scheme...

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