Barone v. City of Dunkirk

Judgment unanimously modified by deleting the provision granting petitioner affirmative relief, motion denied, without costs, and respondents granted leave to serve and file an answer within 10 days after service of the order herein with notice of entry. Memorandum: Respondents appeal from a judgment setting aside and vacating the decision of the Common Council of the City

*593of Dunkirk suspending petitioner and directing them, to restore him to his official duties in the Police Department with back pay. Petitioner commenced this article 78 proceeding to vacate the determination of the council…