Matter of Evangelista v City of Rochester (2004 NY Slip Op 03332)

Matter of Evangelista v City of Rochester

2004 NY Slip Op 03332 [6 AD3d 1140]

April 30, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 30, 2004

In the Matter of Ronald Evangelista, Individually and as President of the Rochester Police Locust Club, Inc., Appellant, v City of Rochester et al., Respondents.

—[*1]Appeal from an amended judgment (denominated amended order) of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered October 9, 2002 in a proceeding pursuant to CPLR article 78. The amended judgment dismissed the petition to prohibit respondents from denying members of the Rochester Police Locust Club, Inc. the right to counsel or a union representative during criminal investigations.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Green, Scudder and Gorski, JJ.