*1 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.