CITY OF ROCHESTER v. CHIARELLA, 63 N.Y.2d 857 (1984)

482 N.Y.S.2d 270, 472 N.E.2d 46

CITY OF ROCHESTER, Respondent, v. ANGELO CHIARELLA et al., Respondents, and STEPHEN J. SERCU et al., Appellants.

Court of Appeals of the State of New York.Argued September 13, 1984
Decided October 11, 1984

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Robert A. Contiguglia, J.

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[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

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Joseph A. Regan and Mary Jane Angelone for appellants.

Louis N. Kash, Corporation Counsel, for City of Rochester, respondent.

Kenneth A. Payment for subclass A2, respondents.

Edward H. Fox and Karl S. Essler for Angelo Chiarella, respondent.

Byron Johnson for subclass B, respondents.

Michael A. Rosenbloom for subclass C, respondents.

Order affirmed, without costs, for the reasons stated in the opinion by Justice John H. Doerr at the Appellate Division (98 A.D.2d 8) other than as it relates to the Statute of Limitations defense, that defense having been withdrawn. Question certified answered in the affirmative. We add that on this appeal the effect of the claims of nonprotestors on the right of protestors to full refund is not before us.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.