MONTESANO, JOSEPH v. CITY OF ROCHESTER

Appellate Division of the Supreme Court of New York

MONTESANO, JOSEPH v. CITY OF ROCHESTER

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 18, 2011

DocketCA 10-00957

StatusPublished

This text of MONTESANO, JOSEPH v. CITY OF ROCHESTER (MONTESANO, JOSEPH v. CITY OF ROCHESTER) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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MONTESANO, JOSEPH v. CITY OF ROCHESTER, (N.Y. Ct. App. 2011).

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Opinion

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

119 CA 10-00957 PRESENT: CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ.

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 MEMORANDUM AND ORDER

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.)

THOMAS S. RICHARDS, CORPORATION COUNSEL, ROCHESTER (JOHN M. CAMPOLIETO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CULLEY, MARKS, TANENBAUM & PEZZULO, LLP, ROCHESTER (GLENN E. PEZZULO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

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.

It is hereby ORDERED that the order so appealed from is -2- 119 CA 10-00957

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

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

119 CA 10-00957 PRESENT: CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ.

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 MEMORANDUM AND ORDER

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.)

THOMAS S. RICHARDS, CORPORATION COUNSEL, ROCHESTER (JOHN M. CAMPOLIETO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CULLEY, MARKS, TANENBAUM & PEZZULO, LLP, ROCHESTER (GLENN E. PEZZULO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

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.

It is hereby ORDERED that the order so appealed from is -2- 119 CA 10-00957

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

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