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MATTER OF MILLER v. GRIFFITH

241 A.D.2d 938 (1997)

661 N.Y.S.2d 340

In the Matter of Ernest Miller, as President of Rochester Fire Fighters Association, IAFF Local 1071, et al., Respondents, v. David L. Griffith, as Fire Chief of City of Rochester Fire Department, et al., Appellants. (Appeal No. 1.)

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

July 3, 1997

Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting the petition, which alleges that respondents engaged in the practice of assigning firefighters, including battalion chiefs, fire captains, and fire lieutenants, to serve in out-of-title positions in nonemergency situations while higher ranking...

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