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MATTER OF WHITTED v. CITY OF NEWBURGH

65 A.D.3d 1365 (2009)

886 N.Y.S.2d 207

In the Matter of THOMAS J. WHITTED et al., Appellants, v. CITY OF NEWBURGH, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.

Ordered that the judgment is modified, on the law, by deleting the provision thereof in favor of the City of Newburgh and against the petitioners/plaintiffs Kenneth Rose, Richard Itzla, Joseph Roy, Philip Howard, Scott MacRae, and John Tucker dismissing the petition insofar as asserted by them and substituting therefor a provision granting the petition insofar as asserted by those petitioners/plaintiffs to the extent of directing the City of Newburgh to pay them longevity...

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