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MATTER OF CARCONE

1273 CA 19-01248.

185 A.D.3d 1476 (2020)

128 N.Y.S.3d 389

2020 NY Slip Op 04103

In the Matter of Thomas E. Carcone, on Behalf of and in His Capacity as President of Local 32 International Association of Fire Fighters A.F.L.-C.I.O.-C.L.C. Utica Professional Fire Fighters Association, et al., Respondents, v. City of Utica et al., Appellants, et al., Respondent.

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

Decided July 17, 2020.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the second "claim" is dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding, which includes, inter alia, a "claim" seeking to reinstate Richard J. Forte (petitioner), who was employed by the Utica Fire Department (UFD) as a firefighter, to the payroll with back pay. Supreme Court issued an order...

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