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MATTER OF PARISI v. WARD

34 N.Y.2d 746 (1974)

In the Matter of Nicola Parisi, Respondent, v. Tom Ward et al., Constituting the Board of Trustees of the Village of Valley Stream, Appellants.

Court of Appeals of the State of New York.

Decided May 9, 1974.

Attorney(s) appearing for the Case

Thomas Owen Morgan and Charles R. Rattoballi for appellants.

Philip Schlau and Gerald L. Popovsky for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.

MEMORANDUM.

The judgment of the Appellate Division should be reversed on the dissenting opinion of Mr. Justice FRED J. MUNDER. We would add that the collective bargaining agreement which petitioner claims cloaks him with otherwise inapplicable benefits under section 75 of the Civil Service Law, had expired prior to his dismissal and was not being renegotiated between the parties...

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