Frank Fallica v. Town of Brookhaven

Full title: FRANK FALLICA et al., as Members of the Board of Fire Commissioners of the…

Court: Court of Appeals of the State of New York

Date published: Dec 22, 1980

417 N.E.2d 1248 (N.Y. 1980)

417 N.E.2d 1248

436 N.Y.S.2d 707

Opinion

Argued November 20, 1980

Decided December 22, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE J. ASPLAND, J.

Martin J. Kerins, Town Attorney (Benjamin L. Herzweig of counsel), for appellants.

Frederic Block and Joel M. Markowitz for respondents.

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 A.D.2d 579, 598-604) and, as so modified, affirmed.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.