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MATTER OF RIDGE ROAD FIRE DISTRICT v. SCHIANO

CA 09-00652

67 A.D.3d 1342 (2009)

890 N.Y.S.2d 745

2009 NY Slip Op 08266

In the Matter of RIDGE ROAD FIRE DISTRICT, Respondent, v. MICHAEL P. SCHIANO, as Hearing Officer Designated Pursuant to the Collective Bargaining Agreement Between Ridge Road Fire District and Ridge Road Professional Firefighters Association IAFF, Local 3794, International Association of Firefighters, AFL-CIO, Respondent, and KEVIN NOWAK et al., Appellants.

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

Decided November 13, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition is dismissed and the determination of respondent Michael P. Schiano, as Hearing Officer, is reinstated.

Memorandum: Respondents-appellants (hereafter, respondents) appeal from a judgment granting the petition pursuant to CPLR article 78 seeking to annul the determination of respondent Hearing Officer. The Hearing Officer had granted respondent Kevin...

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