Opinion
CA 03-02356.
Decided April 30, 2004.
Appeal from a judgment of the Supreme Court, Erie County (John P. Lane, J.), entered January 29, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition to prohibit respondents from appointing firefighters to serve in out-of-title positions in nonemergency situations.
SCHWAN SAMMARCO, BUFFALO (W. JAMES SCHWAN OF COUNSEL), FOR PETITIONERS-APPELLANTS.
MICHAEL B. RISMAN, CORPORATION COUNSEL, BUFFALO (CHRISTOPHER M. PUTRINO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
Before: PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court.