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KROL v. POTTER

516002.

106 A.D.3d 1440 (2013)

967 N.Y.S.2d 156

2013 NY Slip Op 3910

TRAVIS KROL, as President of the Oneida Firemen's Benevolent Association, Appellant-Respondent, v. STEVE POTTER, as Treasurer of the Oneida Citizens Hose Company #1, Respondent-Appellant, and CITY OF ONEIDA, Respondent.

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

Decided May 30, 2013.

Rose, J.

Defendant City of Oneida receives certain fire insurance premium tax monies collected pursuant to Insurance Law §§ 9104 and 9105, and it has historically distributed them equally to the Oneida Firemen's Benevolent Association (hereinafter OFBA) and the Oneida Citizens Hose Company #1 (hereinafter Citizens Hose). Plaintiff, the president of OFBA, commenced this action seeking, among other things, a declaratory judgment that OFBA was the only entity...

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