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MATTER OF FOLEY v. MASIELLO

38 A.D.3d 1201 (2007)

833 N.Y.S.2d 342

In the Matter of JOSEPH FOLEY, as President of Buffalo Professional Firefighters Association, Local 282, et al., Appellants, v. ANTHONY MASIELLO, as Mayor of City of Buffalo, et al., Respondents.

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

Decided March 16, 2007.

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

Memorandum:

Petitioners appeal from a judgment granting the cross motion of respondent Buffalo Fiscal Stability Authority (BFSA) seeking dismissal of the petition as time-barred under the four-month statute of limitations applicable to CPLR article 78 proceedings. Petitioners contend that this is...

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