FIORELLA v. SCARSDALE


96 Misc.2d 406 (1978)

In the Matter of James J. Fiorella, Petitioner, v. Village of Scarsdale et al., Respondents.

Supreme Court, Westchester County.

September 14, 1978


Attorney(s) appearing for the Case

Edward F. Mullaney for petitioner. John F. Holden, Jr., Village Attorney, for respondents.


RICHARD J. DARONCO, J.

This is a CPLR article 78 proceeding in which the petitioner seeks to review and thereupon annul the determination of the respondents removing petitioner from the payroll of the respondent Village of Scarsdale as of December 6, 1977, and compelling respondents to reinstate him as of that date with full pay together with costs pursuant to CPLR 8303 (subd [a], par 2).

The facts are substantially uncontradicted. Petitioner...

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