Case Information

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 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. 3.)

118 CA 10-00956

Supreme Court of the State of New York Appellate Division, Fourth Judicial Department

February 18, 2011

PRESENT: CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ.

MEMORANDUM AND ORDER

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 awarded plaintiffs judgment in the amount of $3,635,321.80, including investment interest income of $428,446.83.

It is hereby ORDERED that the order so appealed from is 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