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CARCONE v. NOON

17 CA 22-00012.

214 A.D.3d 1306 (2023)

183 N.Y.S.3d 919

2023 NY Slip Op 01373

Thomas E. Carcone, in His Capacity as a Member of Utica Paid Firemen's Relief Association of City of Utica and on Behalf of All Members of the Utica Paid Firemen's Relief Association of City of Utica, Respondent, v. James Noon, in His Official Capacity as President of Utica Paid Firemen's Relief Association of City of Utica, et al., Appellants. (Appeal No. 1.)

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

Decided March 17, 2023.

Attorney(s) appearing for the Case

ZACHARY C. OREN , UTICA ( DAVID A. LONGERETTA OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

GLEASON, DUNN, WALSH & O'SHEA, ALBANY ( RONALD G. DUNN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Bannister and Ogden, JJ.

Appeal from an order of the Supreme Court, Oneida County (Patrick F. MacRae, J.), entered October 28, 2021. The order, inter alia, denied the motion of defendants to dismiss the second amended complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: In this derivative action, plaintiffs, in their capacity as purported members of defendant Utica Paid Firemen's Relief Association of City of Utica (Association), seek...

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