JOSEPH MONTESANO INDIVIDUALLY AND AS PRESIDENT OF ROCHESTER FIREFIGHTERS INC LOCAL 1071 IAFF AFL CIO AS TRUSTEE OF ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND AND ON BEHALF OF ALL OTHER INDIVIDUALS PROVIDING FIRE PROTECTION TO CITY OF ROCHESTER SIMILARLY SITUATED FREDERICK DINOTO GARY DINOTO KEVIN BILLS AND MICHAEL SULLI INDIVIDUALLY AS ROCHESTER FIREFIGHTERS AND AS TRUSTEES OF ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND AND ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND PLAINTIFFS RESPONDENTS v. APPEAL NO

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

JOSEPH MONTESANO, INDIVIDUALLY AND AS PRESIDENT OF ROCHESTER FIREFIGHTERS, INC., LOCAL 1071, IAFF, AFL-CIO, AS TRUSTEE OF ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, AND ON BEHALF OF ALL OTHER INDIVIDUALS PROVIDING FIRE PROTECTION TO CITY OF ROCHESTER, SIMILARLY SITUATED, FREDERICK DINOTO, GARY DINOTO, KEVIN BILLS AND MICHAEL SULLI, INDIVIDUALLY AS ROCHESTER FIREFIGHTERS AND AS TRUSTEES OF ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, AND ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, PLAINTIFFS-RESPONDENTS, v. FLOYD A. MADISON, AS CHIEF OF FIRE DEPARTMENT OF CITY OF ROCHESTER, AND AS ADMINISTRATOR OF FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER, WILLIAM A. JOHNSON, JR., AS MAYOR OF CITY OF ROCHESTER, VINCENT J. CARFAGNA, AS DIRECTOR OF THE CITY OF ROCHESTER'S FINANCE DEPARTMENT, CHARLES A. BENINCASA, AS TREASURER OF CITY OF ROCHESTER AND AS TRUSTEE OF THE FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER, CITY OF ROCHESTER, FIRE DEPARTMENT OF CITY OF ROCHESTER, FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER, AND ROCHESTER FIREFIGHTERS BENEVOLENT ASSOCIATION, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

CA 10-00957

Decided: February 18, 2011

PRESENT:  CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ. THOMAS S. RICHARDS, CORPORATION COUNSEL, ROCHESTER (JOHN M. CAMPOLIETO OF COUNSEL), FOR DEFENDANTS-APPELLANTS. CULLEY, MARKS, TANENBAUM & PEZZULO, LLP, ROCHESTER (GLENN E. PEZZULO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

MEMORANDUM AND ORDER

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

Same Memorandum as in Montesano v. Madison ( [appeal No. 1] _ AD3d _ [Feb. 18, 2011] ).

Patricia L. Morgan

Clerk of the Court