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MATTER OF LODICK v. CITY OF NIAGARA FALLS

242 A.D.2d 912 (1997)

665 N.Y.S.2d 359

In the Matter of George J. Lodick, Iii, Appellant, v. City of Niagara Falls et al., Respondents

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

September 30, 1997

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted respondents' motion to dismiss the CPLR article 78 petition seeking judgment compelling respondent City of Niagara Falls to pay severance benefits. Petitioner was appointed Administrative Assistant-City Administrator on December 20, 1995 and took the oath of office on December 29, 1995. On January 2, 1996, the new City Administrator notified petitioner that his position...

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