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Ronald Evangelista, William Wood, Jr., Mark Gerbino, Gerald Connor v. City of Rochester and Robert J. Duffy

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


December 21, 2012

RONALD EVANGELISTA, WILLIAM WOOD, JR., MARK GERBINO, GERALD CONNOR,
FREDERICK COWLEY, PETER WALSH, JOHN GERBINO, RICHARD GERBINO AND RONALD REINSTEIN, PLAINTIFFS-RESPONDENTS,
v.
CITY OF ROCHESTER AND ROBERT J. DUFFY, AS MAYOR OF CITY OF ROCHESTER,
DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered August 26, 2011.

Evangelista v City of Rochester

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.

Released on December 21, 2012

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

The order, among other things, granted in part plaintiffs' motion for summary judgment.

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

Entered: December 21, 2012

Frances E. Cafarell Clerk of the Court

20121221

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