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STEVENSON v. CITY OF ROME

237 A.D.2d 946 (1997)

654 N.Y.S.2d 917

Lyle F. Stevenson, Jr., Appellant, v. City of Rome et al., Respondents. (Appeal No. 1.)

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

March 14, 1997

Order unanimously affirmed without costs.

Memorandum:

Although Supreme Court properly granted defendants' motion to dismiss the complaint, it should have done so pursuant to CPLR 3211 (c), rather than CPLR 3211 (a) (7). Defendants established that the City of Rome had withdrawn its decision to reduce the position held by plaintiff to part-time and to enforce a residency requirement against plaintiff some five months before this action was commenced, and plaintiff...

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