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HARTNETT v. BALLSTON SPA

152 A.D.2d 83 (1989)

In the Matter of Thomas F. Hartnett, as Commissioner of Labor of The State of New York, Appellant, v. Village of Ballston Spa, Respondent

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

November 9, 1989

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard Corenthal and Jane Lauer Barker of counsel), for appellant.

Harry W. Seibert, Jr., Village Attorney, for respondent.

Lombardi, Reinhard, Walsh & Harrison (Richard P. Walsh, Jr., and Thomas J. Jordan of counsel), for New York State Professional Fire Fighters Association, Inc., amicus curiae.

Edward M. Cooke for Firemen's Association of the State of New York, amicus curiae.

KANE, J. P., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

MERCURE, J.

The facts are not in dispute. Respondent maintains an all-volunteer fire department which is composed of two separate fire companies, Eagle Matt Lee Fire Company and the Union Fire Company. In 1986, an inspector from the Department of Labor conducted an inspection of respondent's fire department. Petitioner issued a notice of violation and order to comply which listed six violations of the Public...

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