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Carcone v Noon, 2023 NY Slip Op 01374 [214 AD3d 1306]

March 17, 2023

Appellate Division, Fourth Department

[*1]

Thomas E. Carcone et al., in Their Capacity as Members of Utica Paid Firemen’s Relief Association of City of Utica and on Behalf of All Members of Utica Paid Firemen’s Relief Association of City of Utica, Respondents,

v

James Noon, in His Official Capacity as President of Utica Paid Firemen’s Relief Association of City of Utica, et al., Appellants. (Appeal No. 2.)

Zachary C. Oren, Utica (David A. Longeretta of counsel), for defendants-appellants.

Gleason, Dunn, Walsh & O’Shea, Albany (Ronald G. Dunn of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Oneida County (Patrick F. MacRae, J.), entered April 13, 2022. The order denied the motion of defendants to dismiss the third amended complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Carcone v Noon ([appeal No. 1] 214 AD3d 1306 [4th Dept 2023]). Present—Whalen, P.J., Smith, Peradotto, Bannister and Ogden, JJ..