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DELLA ROCCO v. SCHENECTADY

252 A.D.2d 82 (1998)

683 N.Y.S.2d 622

Michael Della Rocco, Jr., on Behalf of Himself and All Other Retired Schenectady Firefighters Similarly Situated, Respondent, v. City of Schenectady, Appellant. (Action No. 1.) Michael T. Andriano, on Behalf of Himself and All Other Retired Schenectady Police Officers Similarly Situated, Respondent, v. City of Schenectady, Appellant. (Action No. 2.)

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

December 30, 1998

Attorney(s) appearing for the Case

Roemer, Wallens & Mineaux, L. L. P., Albany (James W. Roemer, Jr., of counsel), for appellant.

Grasso & Grasso, Schenectady (Jane K. Finin of counsel), for respondents.

CARDONA, P. J., MERCURE and SPAIN, JJ., concur with WHITE, J.; CARPINELLO, J., dissents in a separate opinion.

WHITE, J.

These appeals arise from the commencement of two class actions; in the first, plaintiff and the class of retired City of Schenectady firefighters and, in the second, plaintiff and the class of retired City of Schenectady police officers. In both actions plaintiffs seek a declaration that defendant breached the terms of a collective bargaining agreement by its failure to provide members of the class...

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