MATTER OF FITZGERALD v. MANNA


53 A.D.2d 643 (1976)

In the Matter of John J. Fitzgerald, Appellant, v. Vincent Manna et al., Constituting The Town Board of the Town of Babylon, Respondents

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

June 14, 1976


Judgment affirmed, without costs or disbursements.

There was substantial evidence to support the determination of the town board.

Margett and Damiani, JJ., dissent and vote to reverse the judgment and remit the matter to the respondents for a new hearing and determination, with the following memorandum: We hold that, because of the limited time in which petitioner was allowed to prepare his case, and the fact that the primary witness against him did not appear...

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