SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
June 27, 1968
IN THE MATTER OF ROCCO M. VIVENZIO ET AL., RESPONDENTS,
CITY OF UTICA ET AL., APPELLANTS. (APPEAL NO. 2)
Appeal from order of Oneida Special Term denying motion to dismiss petition.
Bastow, P. J., Del Vecchio, Marsh, Witmer and Henry, JJ.
Appeal unanimously dismissed, with costs to respondents. Same Memorandum as in Matter of Vivenzio v. City of Utica 30 A.D.2d 771 (Appeal No. 1), decided concurrently herewith.
Appeal unanimously dismissed, with costs to respondents.
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