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In the Matter of Michael G. Caruso v. Village of Kenmore

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

IN THE MATTER OF MICHAEL G. CARUSO, PETITIONER-RESPONDENT,
v.
VILLAGE OF KENMORE, VILLAGE OF KENMORE POLICE DEPARTMENT, KATHLEEN P. JOHNSON, CLERK/TREASURER, PATRICK MANG, MAYOR, AND SALVATORE MUSCARELLA, KATHERINE BESTINE, PAUL P. CATALANO, AND R. TIMOTHY MCCARTHY, TRUSTEES,
RESPONDENTS-APPELLANTS.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 14, 2009 in a proceeding pursuant to CPLR article 78.

1556

PRESENT: HURLBUTT, J.P., SMITH, CENTRA, GREEN, AND PINE, JJ.

ORDER

The judgment granted the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Patricia L. Morgan Clerk of the Court

20091230

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