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MATTER OF HYNES v. CITY OF BUFFALO

52 A.D.3d 1216 (2008)

860 N.Y.S.2d 714

In the Matter of ANTHONY HYNES et al., Respondents-Appellants, v. CITY OF BUFFALO et al., Appellants-Respondents. (Proceeding No. 1.) In the Matter of JOSEPH FAHEY et al., Respondents, v. CITY OF BUFFALO et al., Appellants. (Proceeding No. 2.) (Appeal No. 1.)

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

Decided June 6, 2008.

It is hereby ordered that said appeal from the judgment in proceeding No. 2 insofar as it concerns the direction to hold a civil service examination for the position of fire battalion chief is unanimously dismissed and the judgment is modified on the law by dismissing the amended and supplemental petition in proceeding No. 1 in its entirety and dismissing the petition in proceeding No. 2 in part and vacating the award of attorneys' fees, costs and disbursements in each proceeding...

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