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Fallica v. Town of Brookhaven

52 N.Y.2d 794 Court N.Y. Decision date 1980-12-22 English

Contents

Majority

p. 794
Frank Fallica et al., as Members of the Board of Fire Commissioners of the Holtsville Fire District, Respondents-Appellants, v Town of Brookhaven et al., Appellants-Respondents.
Argued November 20, 1980;
decided December 22, 1980
p. 796
APPEARANCES OF COUNSEL
Martin J. Kerins, Town Attorney (Benjamin L. Herzweig of counsel), for appellants.
Frederic Block and JoelM. Markowitz for respondents.

OPINION OF THE COURT

Order modified, with costs to defendants, by reinstating the first and third decretal paragraphs of the judgment of Supreme Court, Suffolk County, for reasons stated in the dissenting opinion by Mr. Justice Leon D. Lazer at the Appellate Division ( 69 AD2d 579 , 598-604) and, as so modi- . tied, affirmed.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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