Montesano v Madison (2011 NY Slip Op 01166)

Montesano v Madison

2011 NY Slip Op 01166 [81 AD3d 1413]

February 18, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, March 30, 2011

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 Similarly Situated Individuals Providing Fire Protection to City of Rochester, et al., 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, et al., Appellants. (Appeal No. 3.)

—[*1] 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. [*2]

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Montesano v Madison (81 AD3d 1412 [2011]). Present—Centra, J.P., Carni, Lindley, Green and Gorski, JJ.