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MATTER OF BROOKS v. PALMIERI

894 CA 19-02265.

187 A.D.3d 1680 (2020)

133 N.Y.S.3d 716

2020 NY Slip Op 05665

In the Matter of Russell E. Brooks, II, Appellant, v. Robert M. Palmieri, Mayor of City of Utica, et al., Respondents.

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

Decided October 9, 2020.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner, a former fire chief for respondent City of Utica, commenced this proceeding pursuant to CPLR article 78 seeking, inter alia, to annul a determination denying his application for line-of-duty sick leave pursuant to General Municipal Law § 92-d. Respondents moved to dismiss the petition on the ground that, inter alia, the proceeding is moot. Petitioner...

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