Christopher v. City of Buffalo

— Appeal unanimously dismissed, without costs. Memorandum: The president of the firefighters’ union brought this proceeding to punish the City of Buffalo and its fire commissioner for contempt for violating an order of the court which restrained them from requiring fire department employees to perform out-of-title work except as permitted by applicable law. Subdivision 2 of section 61 of the Civil Service Law permits out-of-title assignments only “during the continuance of a temporary emergency”. At Special Term the petitioner did not seriously seek to punish the respondents for contempt and…