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MONTESANO v. MADISON

CA 10-00092

81 A.D.3d 1412 (2011)

917 N.Y.S.2d 478

JOSEPH MONTESANO, Individually and a President of Rochester Firefighters, Inc., Local 1071, IAFF, AFL-CIO, as Trustee of Rochester Firefighters Association Mutual Aid Fund and on Behalf of all Other Similarly Situated Individuals Providing Fire Protection to City of Rochester, et al., Respondents, v. FLOYD A. MADISON, as Chief of Fire Department of City of Rochester and as Administrator of Firefighters' Insurance Fund of City of Rochester, et al., Appellants. (Appeal No. 1.)

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

Decided February 18, 2011.

Memorandum:

On a prior appeal in this case (Montesano v Madison, 45 A.D.3d 1352 [2007], lv denied 10 N.Y.3d 782 [2008]), we previously affirmed a judgment that, inter alia, directed the City of Rochester (City), a defendant in the instant three appeals, to provide an accounting with respect to its use of the 2% fund, i.e., the proceeds of a tax imposed on premiums collected...

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