MATTER OF PENEBRE v. DZALUK


51 A.D.2d 574 (1976)

In the Matter of Nicholas F. Penebre, Petitioner, v. Joseph F. Dzaluk et al., Constituting The Board of Trustees of the Village of Port Chester, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 26, 1976


Determination annulled, on the law, without costs, and respondents are directed to restore petitioner to his position, with accrued salary and benefits, as of December 12, 1974, on which date he was suspended from duty without pay, less interim earnings, but without prejudice to the right of respondents to take such action pursuant to sections 72 and 73 of the Civil Service Law as they may be advised.

The record establishes that for some 13 years petitioner was an...

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