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COLLINS v. SWEENEY

47 Misc.2d 223 (1965)

John M. Collins et al., on Behalf of Themselves and All Other Citizens, Residents and Taxpayers of the Incorporated Village of Freeport, Plaintiffs, v. Robert J. Sweeney et al., Constituting the Board of Trustees of the Incorporated Village of Freeport, et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 8, 1965

Attorney(s) appearing for the Case

Nathan P. Zablow for plaintiffs. Sprague, Dwyer, Aspland & Tobin for Robert J. Sweeney and others, defendants. Jack B. Weinstein, County Attorney, for John R. Niesley and others, defendants.

L. KINGSLEY SMITH, J.

Motion by the plaintiffs for summary judgment pursuant to CPLR 3212 is denied. Although a cross motion for summary judgment has not been made, summary judgment dismissing the complaint is granted pursuant to CPLR 3212 (subd. [b]) as to all defendants.

The complaint in this action pursuant to section 102 of the Civil Service Law prays for a judgment (1) enjoining the payment of any further salary to the defendant Stanley J...

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