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Joseph Montesano, Individually and As President of Rochester Firefighters v. Floyd A. Madison

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


February 18, 2011

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.)

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered April 26, 2010. The order granted in part the motion of plaintiffs for contempt and sanctions and awarded plaintiffs legal fees in the amount of $17,541.85.

Montesano v. Madison

Decided on February 18, 2011 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ.

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]). Entered: February 18, 2011 Patricia L. Morgan Clerk of the Court

20110218

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