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MATTER OF MACRAE v. DOLCE

273 A.D.2d 389 (2000)

711 N.Y.S.2d 338

In the Matter of DUNCAN MACRAE, as President of Professional Fire Fighters Association, Inc., Local 274, I.A.F.F., AFL-CIO, et al., Appellants, v. JOHN M. DOLCE, as Public Safety Commissioner of City of White Plains, et al., Respondents.

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

Decided June 19, 2000.

Ordered that the judgment is reversed, on the law, with costs, and the petition is granted to the extent that the respondents are prohibited from routinely assigning fire fighters to perform the duties of fire lieutenant on a nonemergency basis, it is "ADJUDGED and DECLARED that the respondents' policy of routinely assigning fire fighters to perform the duties of fire lieutenant on a nonemergency basis is in violation of section 61 (2) of the Civil Service Law", and the proceeding...

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