MATTER OF MAZZEO v. CIMINELLI

369 CA 19-01883.

187 A.D.3d 1524 (2020)

133 N.Y.S.3d 144

2020 NY Slip Op 05335

In the Matter of Michael Mazzeo, as President of Rochester Police Locust Club, Inc., et al., Respondents, v. Michael Ciminelli, as Chief of Police of Rochester City Police Department, et al., Appellants.

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

Decided October 2, 2020.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the second ordering paragraph and enjoining respondents from temporarily appointing lower ranking officers to serve in out-of-title positions for higher ranking officers during nonurgent and routine absences that are scheduled well in advance, such as vacations, for which coverage by higher ranking officers may be obtained, or in any other instance that would contravene...

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