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DESANTIS v. CITY OF JAMESTOWN

193 Misc.2d 197 (2002)

747 N.Y.S.2d 906

RONALD DeSANTIS, as President of the Jamestown Professional Firefighters Association, Local 1772, et al., Petitioners, v. CITY OF JAMESTOWN et al., Respondents.

Supreme Court, Chautauqua County.

September 18, 2002.

Attorney(s) appearing for the Case

Fessenden, Laumer & DeAngelo (Charles S. DeAngelo of counsel), for petitioners.

Phillips, Lytle, Hitchcock, Blaine & Huber, LLP (John M. Curran of counsel), for respondents.

OPINION OF THE COURT

JOSEPH GERACE, J.

This is a proceeding, brought pursuant to article 78 of the CPLR, in which the petitioners seek a judgment enjoining the City of Jamestown from reorganizing its fire department by eliminating, or failing to fill, the position of fire chief. Respondents, the City, the mayor and members of the City Council (who will be referred to collectively as the City), cross-move...

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