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CARCONE v. NOON

18 CA 22-00815.

214 A.D.3d 1306 (2023)

183 N.Y.S.3d 889

2023 NY Slip Op 01374

Thomas E. Carcone et al., in Their Capacity as Members of Utica Paid Firemen's Relief Association of City of Utica and on Behalf of All Members of Utica Paid Firemen's Relief Association of City of Utica, Respondents, 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. 2.)

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 PLAINTIFFS-RESPONDENTS.

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 April 13, 2022. The order denied the motion of defendants to dismiss the third amended complaint.

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

Same memorandum as in Carcone v Noon ([appeal No. 1] 214 A.D.3d 1306 [4th...

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