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IN THE MATTER OF DZIEDZIC v. GALLIVAN

28 A.D.3d 1087 (2006)

814 N.Y.S.2d 454

In the Matter of THOMAS DZIEDZIC, as President and Principal Executive Officer of International Brotherhood of Teamsters, Local No. 264, et al., Appellants, v. PATRICK M. GALLIVAN, as Sheriff of County of Erie, et al., Respondents.

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

April 28, 2006.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding seeking to compel respondent Patrick M. Gallivan, who was at that time the Erie County Sheriff, to certify them as eligible for retirement benefits pursuant to section 89-b and article 14-B of the Retirement and Social Security Law. Contrary to petitioners' contention, Supreme...

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