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MITCHELL v. SHERIFF'S DEPT

94 Misc.2d 724 (1977)

In the Matter of Gene M. Mitchell, Petitioner, v. Yates County Sheriff's Department et al., Respondents.

Supreme Court, Monroe County.

August 4, 1977

Attorney(s) appearing for the Case

Max Cohen for Yates County Sheriff's Department and another, respondents. John M. Sheridan, County Attorney, for Yates County, respondent. Karz & Dinolfo (Pat V. Dinolfo of counsel), for petitioner.

ROBERT H. WAGNER, J.

This is a motion, pursuant to CPLR 7804 (subd [f]) by the respondents, Yates County Sheriff, George F. Spike, and the County of Yates, to dismiss an article 78 proceeding brought by the petitioner, Gene M. Mitchell.

The petitioner, Gene Mitchell, was appointed as a Deputy sheriff on April 14, 1973. On December 27, 1976 he was orally notified by the respondent Sheriff that he would...

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