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IN THE MATTER OF BURGIN v. KEANE

19 A.D.3d 1127 (2005)

798 N.Y.S.2d 607

In the Matter of DAVID J. BURGIN, Petitioner, v. CORNELIUS J. KEANE, as Commissioner of Fire of City of Buffalo, et al., Respondents.

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

June 10, 2005.

It is hereby ordered that the determination be and the same hereby is unanimously annulled on the law without costs, the petition is granted in part, and the matter is remitted to respondent Commissioner of Fire of the City of Buffalo for further proceedings in accordance with the following memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78 seeking, inter alia, to annul the determination terminating him...

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